beta
(영문) 대전지방법원 홍성지원 2018.04.10 2018고단29

공무집행방해

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

On December 23, 2017, the Defendant: (a) was under the influence of alcohol at the D main point, and was under the influence of alcohol at D, and (b) was asked by Hongsung-gun, Hongsung-gun; (c) upon receipt of a report 112 report, the Defendant was asked by Hongsung-gun, Red Police Station E District F for personal information; and (d) was asked by the Defendant on his or her personal information from Hongsung-gun, E District F; and (e) was asked by the Defendant.

Chewing, Chewing, n.e., n.e., even if they were to do so;

Police Dol Dol

In doing so, “The tobacco stuffed by hand was sealed on the chest of the above F.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the prevention of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the respective Acts and subordinate statutes of G and H

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 Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of punishment / [the scope of interference with the performance of official duties and coercion] has no basic area (6 months to 1 year and 6 months) [the person subject to special sentencing] [the decision of sentence] State’s legitimate exercise of public authority should be protected for peace and safety of all citizens including the defendant himself/herself.

Nevertheless, the Defendant committed an insulting speech and behavior against a police officer who weared a uniform, thereby undermining the exercise of public authority and impairing the morale of police officers who perform his/her duty, and thus, the offense is bad.

Furthermore, the defendant not only has the record of punishment for violent crimes but also has the record of being sentenced to a suspended sentence of imprisonment due to damage to public goods, but also has a record of being sentenced to a suspended sentence of imprisonment, and considering the fact that the above cigarette was obvious about the face of the police officer, it is necessary to severely punish the defendant.

However, the defendant's mistake.