beta
(영문) 인천지방법원 부천지원 2018.11.15 2018고단2535

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2018, the Defendant tried to open the door of the car that was under the influence of alcohol on the street in front of the “C Burial B 1st floor in Seocheon-si, 2018.” On the road, the Defendant assaulted F, upon receiving a report, to “I am b and I am b, I am f’s chest, I am f’s chest, I am f’s breast part, am f’s face part by drinking, am F’s face part by drinking, am F’s face face part by arms.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. Application of the Acts and subordinate statutes to a report on investigation (to photographs taken by police officers in mobilization);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The defendant mistakenly acknowledges and reflects his fault.

- The defendant, due to his act, expressed a desire to the police officer, made a direct price, and obstructed the execution of official duties.

- has been punished several times for violent crimes, and has long been punished for suspension of the execution of imprisonment, but it has also been punished as a suspended sentence of imprisonment.

- Other methods of crime, circumstances after crime, etc. shall be determined as per the disposition.