(영문) 청주지방법원 2015.11.16 2015고단522

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(영문) 청주지방법원 2015.11.16 2015고단522

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

The defendant is a person who serves as a security guard in the Goak-gu Seoul apartment in Cheongju-si.

On March 30, 2015, the Defendant: (a) at the office of the management of the Cheongju-gu apartment building C, Cheongju-si; (b) at the office of the office of the management of the Cheongju-si, on the ground of disregarding the security guards, the Defendant demanded him to return home after receiving a report of the disturbance; (c) the Defendant continued to take a disturbance, such as taking a bath, and the Defendant took a walk; (d) the Defendant attempted to remove the Defendant’s walk, and (e) attempted to put the Defendant a walk, but, as the Defendant avoided, assaulted the Defendant at once again walking the right bridge of the E, due to his escape.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

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

1. The sentencing of Article 62(1) of the Criminal Act provides that the defendant has no record of being punished for the same crime for the reason of sentencing, that the defendant is against the defendant, that the degree of obstruction of performance of official duties is not serious, and that the defendant's age, character and conduct, environment, circumstances of the crime, means and results, and all of the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, shall be determined by the following sentencing guidelines within the scope of recommended sentences.

[Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the basic area (6 to 1 year) of the obstruction of performance of official duties (the scope of punishment) (the decision of sentence), 6 months of imprisonment, and 1 year of suspension of execution

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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