beta
(영문) 의정부지방법원 2020.01.09 2019고단4366

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 22 and 50, 2019, the Defendant received 112 reports to the effect that “C”, “A and F, a police official belonging to the police station D affiliated with the Gu Government Police Station D, who was dispatched, solicits the Defendant to return home to the Defendant,” and the Defendant expressed “C, with a large voice,” and “Ahhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

As the above police officers caused the Defendant to move out of the place, they were able to play a serious bath, and as a result, they walk their arms and bucks in the above E and bucks, left the above F's arms by hand on the back seat of the patrol vehicle, and walk the 112-report handling duties of the above F's right-hand bucks by walking on the back seat of the patrol vehicle, and interfere with the legitimate performance of duties of the above police officers on the handling of the 112-report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes of the 112 Report Processing List to data on the parts of damage;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing under the following) of the suspended sentence is that the Defendant, while interfering with his/her business at a coffee shop, received a report of businessism and took a bath to the police officers, he/she committed assault, such as taking a police officer's arms and buckbucks, and did not stop the assault during the police station after he/she was arrested as an offender in the act of committing a crime and going to a police station, and there is a very poor progress in the process of committing a crime as well as in the manual and attitude.

In order to prevent the spread of the public power, it is necessary to punish the accused.

However, the fact that the defendant's mistake is recognized and against the defendant, the police officers did not cause serious consequences such as the injury, and the police officers want to accept the defendant's death and want the defendant's wife.