beta
(영문) 의정부지방법원 2019.09.19 2019고단1016

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 February 16, 2019, at around 23:30, the Defendant: (a) boarded a cab that was operated by B in the vicinity of the YYYYYYYY 363 at the time of the Government of the Gyeonggi-do, and the Defendant was unable to go to the destination of alcohol; (b) the above cab driver submitted a civil petition to E who was affiliated with the police box at the time of the Government of the Gyeonggi-si, stating that “the son cannot go to the destination of alcohol,” and that “the son cannot go to the destination of alcohol.”

Accordingly, when the victim solicits the defendant to return home, the victim called "the other taxi to return home", and the defendant expressed that "I must go to see," and the defendant expressed that "Is to go to see," and he saw the face of E once a week.

Accordingly, the defendant assaulted E, a police officer dealing with civil petition affairs, to interfere with legitimate performance of official duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to take photographs of damaged parts and CCTV images;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] that the person concerned has no obstruction of the performance of official duties or coercion (type 1) (the scope of recommending punishment] (the scope of recommending punishment), six months to one year and six months (basic area).

3. The Defendant: (a) under the influence of alcohol brought about a trial fee against a taxi engineer; (b) took a bath to a police officer who instructs him/her to return home, and obstructed the performance of official duties by taking the face of the taxi; and (c) in light of the background, method, mode, etc. of the crime, the nature of the crime is very poor.

In particular, the defendant has been sentenced to a fine for the same kind of crime and has been punished several times for violent crimes, but again commits the crime of this case.