beta
(영문) 인천지방법원 2016.06.16 2016고단2661

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 13, 2014, the Defendant was sentenced to one year of imprisonment with prison labor at the Incheon District Court for fraud, etc., and completed the enforcement of the said sentence on May 17, 2015.

On May 9, 2016, around 00:35, the Defendant brought a dispute with the above driver on the ground that the driver of a vehicle parked in the crosswalk under the influence of alcohol, who was parked in the crosswalk, was light at the front of the exit 2, a 1089 square meter in the 1089 square meter in Incheon Gyeyang-gu.

Accordingly, according to the report 112, “a male life is being pushed by two males,” the Defendant was assaulted to the above driver during the course of investigating the circumstances of the case by having a policeman affiliated with the Incheon Gyeyang Police Station C police box called to the scene, and the Defendant committed assault, such as having the above D take a eye on the left side of the above D’s drinking, when she was sent to the scene and investigated the circumstances of the case.

As a result, the defendant interfered with legitimate execution of duties concerning the maintenance of order and investigation duties according to 112 report by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Photographs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (a confirmation during the period of a suspect, repeated crime);

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

1. Reasons for the sentencing of Article 35 and the proviso of Article 42 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] There is no person who has the basic area (from June to January 4) (the special sentencing factor) [the sentencing factor] of types 1 (the obstruction of performance of official duties and the coercion of official duties] [the judgment of sentence] of the crime of this case is inferior to the nature of the crime committed against the police officer who has worn the uniform; the defendant already worn the uniform and has been punished for insulting the police officer in the performance of official duties (the Incheon District Court 2013 High Court 2013 High Court 8624) and the records of punishment for insulting others during the police patrol team (the court of Incheon High Court 2012 High Court 4623). In addition, the crime of this case was committed against the law and enforcement agency of the defendant, in light of the fact that there are a number of criminal records, including the 16th criminal records.