(영문) 창원지방법원 통영지원 2019.07.23 2019고단519

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 통영지원 2019.07.23 2019고단519

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 22:10 on May 18, 2019, the Defendant: (a) filed a 112 report to the effect that a drunk person frights at the parking lot of the building B, and requested him to return home from D to arrive at the site after receiving a 112 report to the effect that he frights, and (b) caused the fright to interfere with the performance of official duties; (c) thereby, the Defendant carried the chest of the said D by “fright to interfere with the performance of official duties”, sound, sound, and both hand.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report (for sprinkers);

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. The scope of punishment by law: Imprisonment for one to five years;

2. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special sponsers): In cases where the degree of violence, intimidation, and deceptive scheme is insignificant (the scope of the recommended area and the recommended sentence] mitigation area, and one month to eight months of imprisonment.

3. In addition to the degree of the Defendant’s speech and behavior and violence at the time of the instant crime, the sentence shall be determined as ordered and its execution shall be suspended, taking into comprehensive account the following factors: (a) the Defendant’s mistake is recognized and against the Defendant and there is no record of criminal punishment; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) all sentencing conditions in the pleading

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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