(영문) 서울남부지방법원 2015.05.28 2015고단1431

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2015.05.28 2015고단1431

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On March 28, 2015, at around 05:15, the Defendant took a bath to “C” restaurant located in Gangseo-gu Seoul Metropolitan Government, “C” in front of the restaurant, while under the influence of alcohol. The Defendant took a bath to “humb,” the Defendant sent out from E to the scene after receiving 112 a report, and she took a bath to “humb, she died of Chewing knick,” and the Defendant sent the hand to the front of the police box of the Seoul Gangseo-gu Police Station, Seoul, by twice at the hand, she was arrested as a flagrant offender in the crime of obstruction of the performance of official duties, and then was arrested as a flagrant offender in the crime of obstruction of the performance of official duties and sent to the police box of the Gangseo-gu Seoul, Gangseo-gu, Seoul, as “hump, she died of only two knife, with his hand, at the time of assault by her head and assaulting her head.”

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the investigation report (related to video recording in a police box);

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] The basic area of the obstruction of performance of official duties: six months to one year and four months [the person who has a special relation] [the decision of sentence] [the person who has a special relation] [the decision of sentence] considering the circumstances leading to the crime of this case, the degree of assault, the degree of assault, the criminal records, the defendant's age, character and conduct, the environment, and the circumstances after the crime, the court ordered the suspension of execution of imprisonment for the defendant.

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

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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