beta
(영문) 인천지방법원 2016.09.08 2016고단5052

공무집행방해등

Text

Defendants shall be punished by imprisonment for six months.

However, for two years from the date of the final judgment, the above sentence against the Defendants is imposed.

Reasons

Punishment of the crime

1. Defendant A’s sole criminal conduct: Around 18:20 on June 19, 2016, the injured Defendant inflicted an injury on the victim E (the age of 63) who performed drinking on other tables at the D main points located in the Namdong-gu Incheon Metropolitan City City C market, and was in a dispute with the victim E (the age of 63) by drinking breathing the bat of the victim’s bat above the floor and bating the victim’s face by drinking fating the victim’s body, the injured Defendant was in need of approximately 14-day medical treatment.

2. 피고인들의 공동범행 : 공무집행방해 피고인 A은 2016. 6. 19. 18:30경 위 제1항과 같은 장소에서 ‘패싸움을 한다.’라는 내용의 112신고를 받고 출동한 인천남동경찰서 F지구대 소속 경찰관인 순경 G이 폭행을 당하였다고 주장하는 피고인에게 가해자를 지목해 달라고 하자 자신의 말을 믿지 않는다는 이유로 주먹으로 위 G의 왼뺨을 1회 때리고, 피고인 B는 위 A을 폭행 등 현행범인으로 체포하여 순찰차량에 태우려 하는 위 G의 멱살을 잡아 순찰차량 보닛에 넘어뜨리는 등 폭행하였다.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning G;

1. Investigation report (verification of black stay images);

1. The suspect E's photograph of the upper part of the body, and the victim G's photograph of the upper part of the body;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions and the choice of punishment against the crime A: Article 257(1) of the Criminal Act; Articles 136(1) and 30 of the Criminal Act; Articles 136(1) and 30 of the Criminal Act; Defendant B who choose to imprisonment: Articles 136(1) and 30 of the Criminal Act; the choice of imprisonment;

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants subject to suspended execution: Article 62(1) of the Criminal Act (The following extenuating circumstances are considered in favor of the reasons for sentencing);

1. Order of community service;