(영문) 인천지방법원 2015.01.08 2014고단5199

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Reasons

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크기(pt)

굵기

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자간(%)

(영문) 인천지방법원 2015.01.08 2014고단5199

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 July 11, 2014, at around 01:25, the Defendant: (a) sent a 112 report by the Defendant’s case of the Defendant’s hurology in front of the Jungcheon-ro Hospital, Jungcheon-gu, Incheon Central Police Station C commander of the Incheon Central Police Station, who was dispatched to the police station, along with the Defendant who was subject to a notification disposition of violation of the Punishment of the Punishment of the Crimes Act due to hurburology from the DNA security guards affiliated with the above police box, called “whether he will stop the Stick with the said box,” and interfere with the police officer’s legitimate performance of duties concerning the handling of the report and maintenance of public order, such as leading the Defendant’s 112 declaration and maintenance of public order.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of examination of witness;

1. Application of Acts and subordinate statutes to the investigation report (ex officio situation, etc.);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

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

2. Determination of sentence: (a) the Defendant committed the instant crime even though he had the same record; (b) exercised his force on the police officer who performed his official duties in a legitimate manner; (c) did not repent; and (d) did not deny the instant crime; and (c) was selected by imprisonment in consideration of the circumstances leading up to the instant crime, the degree of obstruction of performance of official duties, the Defendant’s age, character and conduct, environment, etc.; and (d) the sentence conditions as shown

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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