(영문) 춘천지방법원 원주지원 2019.01.17 2018고단1157

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(영문) 춘천지방법원 원주지원 2019.01.17 2018고단1157

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 13, 2017, the Defendant was sentenced to six months of imprisonment with labor at the Seoul Southern District Court for the crime of interference with business, and completed the execution of the sentence on August 8, 2018.

On October 28, 2018, the Defendant: (a) around 23:34 on October 28, 2018, the Defendant was urged to return home from the police officer E belonging to the Kuju Police Station D Zone D District, dispatched after receiving a report from 112, and had the Defendant interfered with the Defendant’s execution of duties in relation to the prevention, suppression, and investigation of the crime.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Side photographs of the assault;

1. Previous records of judgment: Criminal records, references to criminal records, previous records of disposition, results of confirmation, and application of 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 reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] There is no basic area (6-1-6 months) of the obstruction of performance of official duties (6-1-6 months), the basic area (6-6 months) of the obstruction of performance of official duties (a special person] [a sentence of sentence] Defendant’s wrong decision], but the crime of obstruction of official duties needs to be strict in order to protect the legitimate performance of official duties of the State and to establish sound social order

Since 2014, the Defendant has been under three times or more including suspended sentence due to the same crime, and was under criminal punishment during the period of repeated crime, and committed the instant crime, and is under criminal punishment repeatedly with violent inclinations, sentence of imprisonment is inevitable, as long as the Defendant is under criminal punishment repeatedly.

In full view of the aforementioned circumstances, the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence as ordered shall be determined by comprehensively taking into account all the circumstances that are conditions for the

참조조문

-형법 제35조

-형법 제136조 제1항

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