beta
(영문) 광주지방법원 순천지원 2019.03.14 2018고단2113

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 21:30 on October 27, 2018, the Defendant received 112 reports from the front side of the building B, “A person under the influence of alcohol on the road” and sent to the site, and the police box belonging to the Franchi Police Station C police box called “Isle thickness.” On one occasion, the Defendant sent the front part of the patrol (No. 42) to “Is that I would be able to see....................., I would like to “Is to ......... to ......... to f.s. to f., Is off the f.m., Isle the f. to f.s. to f. to f., Is off the f.m. to f. to f., Is off the f.m. to f. to f.”

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A written statement of F and E;

1. Application of the Act on the Obstruction of Performance of Official Duties

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act that are disadvantageous to the reasons for suspended execution: The crimes that are disadvantageous to the nature of such crimes such as the record of the same kind of crime related to the performance of official duties, the speech to police officers performing official duties, and

In light of the favorable circumstances: (a) there is no particular record of crime near the past twenty years; (b) the commission of the instant crime by force; (c) the commission of the instant crime by force; (d) the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission