(영문) 인천지방법원 2014.07.28 2014고단3982

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Reasons

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크기(pt)

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자간(%)

(영문) 인천지방법원 2014.07.28 2014고단3982

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 12, 2014, around 16:35, the Defendant reported 112 at the front of the Namdong-gu Incheon Metropolitan City C Apartment, “I she would live on his/her own.” The Defendant sounded to the effect that “I she will know she is the police, and if you reported, I she will know she is.”

During that period, the Defendant, who was in the above place, f while taking a sudden bath, frighting to drinking, and the above E was prevented, and the Defendant was fright to the face of the above E on one occasion due to drinking, and the Defendant continued to walk the above E’s bridge.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each part of the prosecutor's protocol of interrogation of the accused's suspect E and F

1. Application of each police protocol of statement to E and F;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of the performance of official duties (the obstruction of the performance of official duties) (the scope of the sentencing guidelines];

2. Determination of sentence shall be made by a suspended sentence in consideration of the fact that the defendant has led to the confession and reflect of the crime of this case and has no record of punishment for the same crime, the age, character and conduct, environment of the defendant, the motive and circumstances leading to the crime of this case, and the circumstances after the crime, etc., and the sentence shall be determined as

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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