(영문) 의정부지방법원 2017.12.27 2017고단5162

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2017.12.27 2017고단5162

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On November 05, 2017, 01:35, the Defendant, in front of the 309 apartment building of this case, 55 Do-ro 38 Do-ro 309, which had been reported as to whether to pay the taxi fares, was forced to travel to the earth to verify the facts from the police C belonging to the Gyeonggi Yang-ju Police Station, who was called for, and was forced to return to the earth to check the facts, and went to the left-hand part of the said D's left-hand side.

Accordingly, the defendant assaulted police officers who perform official duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police in the protocol; and

1. Written statements of D;

1. Descriptions of damaged photographs, each of the 112 reported case processing records, and the application of video Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) [the scope of statutory penalty] imprisonment with prison labor for not more than five years [the scope of punishment] The basic area of obstructing the performance of official duties among the groups that interfere with the performance of official duties [the scope of recommended punishment]: From June to June [the decision of sentence], and from June to June, the act of assaulting the police in uniform 2 years from the suspension of execution with prison labor is required to be strictly punished.

However, the sentence of imprisonment shall be imposed on the defendant and the execution thereof shall be suspended in consideration of the fact that the defendant is living against the confession of the crime and that there is no criminal record of the same kind or any criminal record of suspended execution

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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