(영문) 울산지방법원 2015.04.30 2015고단60

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자간(%)

(영문) 울산지방법원 2015.04.30 2015고단60

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor 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 02:10 on November 23, 2014, the Defendant sought to enter the said district unit from the entrance of the Seoul Eunpyeong Police Station D District District, Eunpyeong-gu Seoul, Seoul, to the said district unit as a assault case by the former E, which led to the said district unit. However, the Defendant tried to enter the said district unit into the said district unit with the words “at least the person concerned, other than the person concerned, during the investigation of the case, should move out of the said district unit” from the slopeF belonging to the said district unit, and attempted to put the said F into the said district unit by force without disregarding the said words, and the said F was satisfed by a double hand, and pushed the chest of the said F in his hand.

As a result, the defendant interfered with police officers' legitimate performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

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

1. Article 62 (1) of the Criminal Act;

1. In order to establish the legal order of the country with reason for sentencing under Article 62-2 of the Social Service Order Act and eradicate the light of the public authority, there is a need to strictly punish the crime of obstructing the performance of official duties, and the fact that the defendant has the power to commit violent crimes is disadvantageous to the defendant

However, in light of the circumstances favorable to the defendant, such as the confession and reflect of the defendant, the fact that the defendant has no record of the same kind of crime, and the fact that the defendant seems to have reached the crime of this case by contingency under the influence of alcohol, the punishment as ordered shall be determined by taking into account various sentencing factors indicated in the records, such as age, character and conduct, environment, circumstances before

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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