beta
(영문) 수원지방법원 여주지원 2015.11.24 2015고단877

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 29, 2015, at around 05:25, the Defendant reported 112 on the street in front of the ‘D convenience store' located in Ischeon-si, Leecheon-si, and demanded the above police officers to neglect their demands that he gets on the back seat of the E-district of the Leecheon Police Station E-gu, Leecheon-si, and that he gets off and off from the train by getting on the back seat of the patrol police officer G, who was on the back seat of the same police officer.

Accordingly, the police officers, who operated the patrol vehicle that the Defendant gets on board, intending to take the Defendant on the street in front of the “I cafeteria” located in Ischeon-si, and interfered with the police officers’ desire to take the boom, interfere with the progress of the patrol vehicle, and interfered with the progress of the patrol vehicle in front and rear the chest part of the boom F, who gets able to shot back, pushed down the chest part of the boom F, who gets home, and interfered with the progress of the patrol vehicle.

Accordingly, the defendant interfered with legitimate execution of duties concerning crime prevention of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Uniform photographs of working clothes of victimized police officers at the time of dispatch;

1. Application of investigation reports (in relation to a suspect, details of 112 Reporting)-related Acts and subordinate statutes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) of the suspended sentence is that the Defendant received a summary order of KRW 1.5 million for the crime of obstruction of performance of official duties from the Incheon District Court on January 23, 2003, which was sentenced to a fine of KRW 1.5 million for the same crime on November 6, 2014, and again commits the instant crime even though he had the record of being sentenced to a fine of KRW 3 million for the same crime, the Defendant committed the instant crime on November 6, 2014. However, on the other hand, there is no emphasis on the fact that the Defendant’s criminal act was committed by himself and was committed against his depth through confinement for a considerable period of time, the degree of the type of force that the Defendant used by him is relatively excessive, and the Defendant is not able

The crime of this case shall be committed under the influence of alcohol.