beta
(영문) 전주지방법원 2019.09.26 2019고단714

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

(e).

Reasons

Punishment of the crime

피고인은 2019. 4. 5. 00:50경 김제시 B에 있는 ‘C’ 주점에서, 김제경찰서 D지구대 소속 경위 E로부터 욕설을 자제해달라는 이야기를 듣자 양 주먹을 꽉 쥐고 “나하고 맞짱 한번 뜰까, 너 옷 벗고 이리와 봐”라고 하면서 이마를 E의 이마에 맞대어 들이밀고 E의 몸을 밀친 뒤, 계속해서 E와 위 D지구대 소속 경위 F이 피고인에게 조용히 귀가할 것을 권유하며 위 주점 앞 도로에 주차되어 있던 순찰차에 탑승하여 출발하려고 하자 순찰차 보닛 위로 올라가 양팔을 벌린 채로 순찰차 보닛과 앞유리에 드러누워 순찰차의 진행을 방해하였다.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of investigation reports (related to the verification of the video recording of field CCTVs and video recording of patrol cars), CCTV photographs of main patrols, and the Acts and subordinate statutes governing patrols photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1)) is against the Defendant’s confession of the instant crime.

There is no criminal record for the defendant, and there is no criminal record who has been punished by a fine.

Taking into account the degree of violation by the instant crime and the result of damage, and other circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, character and conduct, family relationship, and circumstances after the crime.

Public Prosecution Rejection Parts

1. Of the facts charged in the instant case, the Defendant’s summary of insult against the victims was found to have been at the center of “C” located in Kim Jong-si, Kim Jong-si, around April 5, 2019, and the Defendant’s 112 report that “I have no money to drink,” and the victim F and the victim E want to verify the details of the report to the Defendant.