(영문) 대전지방법원 2016.06.15 2016고단427

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Reasons

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자간(%)

(영문) 대전지방법원 2016.06.15 2016고단427

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On December 28, 2015, the Defendant, around 17:00, around 63-27, Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, caused Defendant’s DNA parking management and affiliated public officials to be subject to regulation of illegal parking. As such, the Defendant’s Defendant’s DNA vehicle was threatened with 10 minutes from that time when she provided a bath to C with the above 10 minutes of drinking, and obstructed C’s legitimate performance of duties concerning the regulation of parking by assaulting C, such as taking the hand hand, putting it on drinking, and obstructing C’s legitimate performance of duties concerning the regulation of parking.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of CD-related Acts and subordinate statutes

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

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall interfere with the performance of public duties, and the mitigation area (one month to eight months) shall not be punished;

2. That the fact that the decision of sentencing does not fit the nature of the crime of this case, but is consistent and inconsistent in a vindication, is disadvantageous, or that the degree of assault exercised by the defendant is significant;

It is difficult to see the fact that the damaged public official by agreement with the damaged public official does not want the punishment of the defendant, considering the defendant's favorable circumstances, such as the fact that he/she has no other criminal records, in addition to the two-time fine, the defendant has no other criminal records, and the punishment shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case,

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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