beta
(영문) 부산지방법원 서부지원 2019.02.12 2018고단1953

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2018. 6. 16. 05:10경 부산 사하구 B에 있는 C 앞길에서 술을 마신채로 비상등을 켜고 자던 중, 112 신고를 받고 현장에 도착한 사하경찰서 D지구대 소속 경사 E(41세)이 피고인의 인적사항을 확인하던 중 벌금 미납으로 형집행장이 발부된 사실을 확인하고 벌금을 납부할 것을 고지하자 자신의 카드를 주면서 결제를 하라고 하면서 “고작 벌금 50만 원으로 나를 체포하느냐, 나는 짭새 새끼가 가장 싫다, 씨발 새끼야, 내 앞에서 꺼지라”라고 하면서 욕설을 하고, 때릴 듯이 손을 들어 겁을 주고, 배로 E의 몸을 2회 밀어 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report and each report on fine, frequency, arrest of the offender;

1. Application of statutes on a copy of warrant of execution;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) of the basic area (six months to one year and six months) (special person) of the sentencing guidelines set forth in the sentencing guidelines;

2. The crime of this case, which was sentenced to punishment, prevents a police officer from performing his/her official duties by assaulting a police officer who was dispatched after receiving a report that the defendant was living in his/her train. In light of the method of the crime, the nature of the crime is not good in light of the method of the crime. In order to establish the state’s legal order and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties, the fact that the defendant did not agree with the police officer who suffered damage, and that there are many criminal convictions sentenced to a fine

However, the defendant.