beta
(영문) 청주지방법원 2019.05.10 2019고단399

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On December 25, 2018, the Defendant: (a) around 13:00 on December 25, 2018, at the “C” restaurant located in Cheongju-si B, Cheongju-si; and (b) at the small-scale hospital, which is a dangerous object, damaged the total market value of approximately KRW 2.10,00 won, which is the victim D owner.

2. From around 13:00 on December 25, 2018 to 13:40 on the same day, the Defendant obstructed the victim’s restaurant business by force for about 40 minutes, including: (a) the victim D, who is a restaurant operator, and other customers, and talking with a large amount of interest; and (b) other customers, etc.

3. 공무집행방해 피고인은 2018. 12. 25. 13:20경 위 제1항과 같은 장소에서, 112 신고를 받고 현장에 출동한 청주청원경찰서 E지구대 소속 경위 F로부터 “출혈이 있으니 119 구급대원에게 치료부터 받자”라는 말을 듣고, F에게 “야, 이 짭새야, 내가 전과 8범이다, 너 3조 2항을 설명해봐”라고 말하면서 양손으로 F의 가슴을 세게 밀쳐 F를 식탁 위에 넘어지게 하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 report processing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. Report on the occurrence of the case, and report on investigation;

1. Application of Acts and subordinate statutes to photographs, such as site;

1. Relevant provisions of the Criminal Act and Articles 369 (1), 366, 314 (1) and 136 (1) of the Criminal Act concerning the selection of criminal facts, and the imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (the fact that there is no record of punishment, other than the one-time fine power, and some of the victims who have not been punished);