beta
(영문) 전주지방법원 군산지원 2018.01.10 2017고단105

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 27, 2016, 01:52 around 01:52, the Defendant was under the influence of alcohol in the vicinity of the Geum River apartment located in the Yannam-si, the police officers belonging to the Gongju Police Station B were dispatched to the said district due to the residents’ 112 report, but the personal information and residence were not confirmed.

From 02:20 to 03:20 on the same day, the Defendant: (a) Sheeted to D with a view to confirming the personal information, contact information, etc. of the Defendant to safely return the Defendant at the B District Office located in Sinju City, and assaulted D’s face on the floor by putting the Defendant into hand, putting the cellular phone cited by the said D, putting the Defendant into the floor, putting the Defendant into hand, and putting the Defendant’s face into his hand.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases and the duties of global teams.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

112 Application of the 112 Reporting Case Handling List, on-site photographing statutes;

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

2. Reasons for sentencing under Article 62(1) of the Criminal Act on the suspension of execution [the scope of recommendation] There is no person [the person subject to special sentencing] in the basic area (from June to one year and six months] (the decision of sentence] [the person subject to special sentencing] under the following circumstances, and other factors such as the defendant's age, sex, conduct, environment, motive, means, consequence and consequence of the crime, etc., the sentence shall be determined as per the order.

The favorable circumstances: The defendant was investigated by the investigative agency and reflected in recognizing the crime of this case.

In the event of alcohol, the defendant committed the crime of this case in a contingent manner, and the degree of assault is not very serious.

There is no record that the defendant was punished for the same crime.

Conditions disadvantageous to him: