(영문) 수원지방법원 안산지원 2015.06.25 2015고단1155

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(영문) 수원지방법원 안산지원 2015.06.25 2015고단1155

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, 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 May 8, 2015, at around 00:57, the Defendant: (a) received a report of the fact that the proprietor gets off a motor vehicle and take a trial expenses, and (b) received the confirmation of personal information and the solicitation for returning home from the luminous Police Station Embspons belonging to the Mine Police Station Embspons, the victim, from G, and (c) the Defendant sponsed the victim with a large voice, and (d) took the victim’s face at one time after walking the patrol vehicle called the scene at the scene.

Accordingly, the defendant assaulted the victim and interfered with the legitimate execution of police officers' duties concerning maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police officer in G; and

1. Application of each of the related visual Acts and subordinate statutes;

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. The basic area of sentencing of Article 62-2 of the Criminal Code of the Order to Attend a lecture and Article 62-2 of the Social Service Order: The sentence of imprisonment shall be set within the recommended range and the execution of imprisonment shall be postponed, taking into account the circumstances such as the fact that the defendant had been punished for the obstruction of performance of official duties two times from June to April, despite the fact that the defendant had been punished for the obstruction of performance of official duties, and that there were several times of violent violence crimes. However, the defendant appears to have committed contingent crimes, and the defendant had an attitude against the crime of this case.

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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