(영문) 서울남부지방법원 2017.01.25 2016고단1460

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.01.25 2016고단1460

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2016, at around 19:35, the Defendant: (a) committed assault in front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, to be urged by the police officers belonging to the Seoul Yeongdeungpo-gu Police Station D District Branch of Seoul, to return home from the police station; and (b) took the 112 reporting by assaulting the police officers on the 112 reporting, including: (c) 19:35 on April 19, 201, when the Defendant was urged by the police officers to return home from the police officer; and (d) 112 reporting the 112 reporting.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to written statements of witnesses in the G preparation;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. From six months to one year and four months from the date of imprisonment on the sentencing criteria (the basic area of interfering with the execution of official duties (the interference with the performance of official duties and the coercion of official duties));

2. The crime of this case committed by a police officer who was sent to the police by the defendant who was under the influence of alcohol and took a bath to the police officer and used violence is not weak.

Defendant has been punished three times for a crime of violence in the past.

However, in consideration of the fact that the defendant seems to have committed a crime by drunkly, the defendant's mistake is recognized, the defendant does not have the same criminal record and has no other criminal record than the suspension of execution, etc., the punishment shall be determined like the order.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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