beta
(영문) 전주지방법원 2019.07.04 2019고단592

공무집행방해

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.

Reasons

Punishment of the crime

At around 04:00 on February 5, 2019, the Defendant recommended the Defendant to pay the drinking value and to invalidly return home from the E Zone of the Jeonnan Police Station E Zone of the Jeonnan National Police Station of the Republic of Korea, which was called “C” located in Yansan-si, Jeoncheon-si, Jeoncheon-si, Jeoncheon-si, the Defendant was at one time at the face of the above F.

Accordingly, 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. The police statement concerning F;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under the grounds of sentencing under Article 62-2 of the Criminal Act of the community service order, shall be determined as ordered.

The fact that the nature of the crime is poor by exercising violence against the police officers in the course of performing official duties due to his uniform, that the act of obstructing the performance of official duties requires a strict punishment in order to publicly announce the public authority of the State and establish the order of the rule of law, that the degree of the assault is not weak, that there is a confession that there is a history of criminal punishment several times, including one of the same crimes, and that there is against it.