beta
(영문) 인천지방법원 부천지원 2016.11.25 2016고단2463

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for ten months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On September 14, 2016, the Defendant reported to the 112 Emergency Report Center using the Defendant’s mobile phone at Seocheon-si B 1021, thereby falsely reporting a crime or accident that is not a police official, by posting a phone to the Defendant’s 112 Emergency Report Center.

2. The Defendant: (a) was arrested as a flagrant offender from the police station C District D, the police station C District D, the police station C District D, and the police officer arrested as a flagrant offender, and moved to C district at the same time and place as the above paragraph; (b) around 08:35 on the same day, the Defendant took a bath to B elevator B, with the larger gate D, “Y Hak wk wk wk wk wk wk wk wk wk wk wk wk kk wk,” and was sent to D’s c part as head once.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties related to arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A written statement;

1. 112 Report processing slips and investigation reports (CCTV investigation);

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant provisions of the Punishment of Minor Offenses Act, Article 3 (3) 2 of the Punishment of Minor Offenses Act (False Reporting, Selection of Fines), and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, even though it is recognized that the defendant had been punished twice as a crime of obstruction of performance of official duties, there is no record that the defendant has been punished as a sentence, and the age, character, character, environment, health conditions, family relationship, motive, means, and consequence of the crime.