beta
(영문) 인천지방법원 부천지원 2021.02.02 2020고단3246

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 June 27, 2020, the Defendant, “C” in front of “C” located on B 1st, Seocheon-si, Seocheon-si, Seocheon-si, B, on June 27, 2020, changed the drinking house by E, a police officer belonging to the Seocheon-si Police Station D District Unit, called “C” upon receipt of a report 112.

The demand was defective, E’s humping humbling humbling, and the humbling humbling E’s chest by hand, and assaulted E’s humping.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to video recording activities (DVD) of the police statement protocol (Interference with the performance of public duties) to police about E;

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 and the defendant committed the instant crime without being aware of, even though he was under the suspension period of the execution of imprisonment due to interference with the performance of official duties, and there is a need for a strict punishment against the defendant. However, the defendant recognized the instant crime and is against the defendant, the degree of violence against the police officer is relatively minor, and the defendant seems to have caused the instant crime by contingency under the influence of alcohol. However, the defendant seems to have been under the influence of alcohol, under the influence of alcohol, under the treatment of the remaining after alcohol, and is not under the influence of alcohol.

Along with the fact that there is a change in the circumstances that are favorable to the defendant, the court shall take into account the circumstances favorable to the defendant, and shall comprehensively consider all the factors of sentencing, such as the defendant's age, environment, sex, motive and means of the crime, circumstances after the crime, etc., and shall determine the punishment as ordered, but the execution of the punishment shall be suspended.