(영문) 의정부지방법원 2016.12.16 2016고단3927

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.12.16 2016고단3927

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On August 24, 2016, around 18:20 on 18:20, the Defendant assaulted C’s face and chests at one time, who was requested to move from the community service personnel belonging to the Speaker B, who was dispatched to the site to another place in front of the Esplate, in front of the Esplate, 525 Espies of the Government-ro 525 Espon.

Accordingly, the defendant interfered with the legitimate execution of social service personnel on the treatment of historical complaints.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. A written statement of C and D;

1. Investigation report (a statement made in D).

1. Application of Acts and subordinate statutes on evidence photographs (C damaged parts);

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

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. In light of the fact that the Defendant, who was sentenced to a suspended sentence, did not know even during the suspended sentence and again committed the instant crime, and the nature of the crime is not good, and that there is a need to engage in light of the light of the public authority, and thus, the Defendant need to strictly punish the Defendant, and thus, it is inevitable to pronounce a sentence.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime; (b) the Defendant has no record of being punished for the same kind of crime; (c) the suspended sentence of imprisonment that was previously sentenced becomes invalidated if this judgment becomes final and conclusive; and (d) the Defendant’s age, character and conduct; (b) the developments and motive leading to the instant crime; and (c) the circumstances before and after the instant crime and arguments, etc., the sentence shall be

참조조문

-형법 제136조 제1항

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