(영문) 창원지방법원 진주지원 2015.09.01 2015고단562

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 진주지원 2015.09.01 2015고단562

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 02:00 on June 13, 2015, the Defendant assaulted D’s “E”, which was operated by S(E) in Sacheon-si C, to avoid disturbance, such as taking a bleep and taking a bath for the business hours in D’, which was demanded that D’s business hours have been terminated, and called to the site after receiving a report, and taking it out to the site, and booming the chest of the sloping G belonging to the private police station Fream Zone, which had ceased to remove it.

Accordingly, the defendant interfered with the proper execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police statement of H, D, and G;

1. Application of the F District Work Site Act;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the balance of recommendations according to the sentencing guidelines [decision of types] : The group of crimes of obstruction of the performance of official duties, the obstruction of the performance of official duties, and the first category (the coercion of obstruction of the performance of official duties) (the scope of recommendations ] 6 months to 1 year and 4 months;

2. In light of the fact that the defendant, who was sentenced to punishment, commits assault against a police officer in the course of performing official duties, the punishment as ordered shall be determined by taking into consideration the following factors: although the criminal defendant was not minor in the course of committing the crime in this case, the defendant's mistake is divided in his/her course of committing the crime in this case; there is no criminal record exceeding the same kind of power or fine; and there is no other criminal records against the defendant; and other various sentencing conditions

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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