(영문) 인천지방법원 2015.04.08 2015고단394

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(영문) 인천지방법원 2015.04.08 2015고단394

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of a sentence shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 13, 2015, at around 22:45, the Defendant reported 112 that fighting was conducted in front of the main line C located in the Namdong-gu Incheon Metropolitan City, the Defendant: (a) called “I would go to the Nado Zone; (b) would go to the Nado Zone; and (c) would go to the patrol team when I want to arrest the related persons by sending out of the D District Unit of the Incheonnam Police Station D District; and (d) would stop to this, “I would go to the Nado Zone; (b) I would go to go to the Nado Zone; and (c) would go to the police officer’s performance of duties by assaulting the E-on hand at one time.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no person who has a basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-1-4 months) [decision of sentence] In this case, the case is the case where the police officer's breath of the police officer dispatched after receiving a report on the case related to the defendant's daily behaviors and exercising the force of force on the patrol vehicle, and is sentenced to imprisonment as the nature of the crime is not good.

However, in order to prevent recidivism, the execution of punishment shall be suspended in consideration of the fact that the defendant has committed violence one time but has been committed in 199, that there is no record of crime more than suspended execution, that there is no record of crime, and that the crime is recognized, and community service is ordered

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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