beta
(영문) 대전지방법원 2017.11.02 2017고단3390

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On July 7, 2017, the Defendant: (a) at D’s instant parking lot located in Sejong City, on July 03:15, 2017; and (b) “A man’s woman’s body is fighting; (c) a police officer E (33 tax) dispatched upon receipt of a report by 112, she left the Defendant’s hand that assaults women’s friend; (d) the said police officer’s chest part was fried on one occasion by drinking; and (e) the police officer continued to put his hand to the Defendant’s hand; and (e) the police officer interfered with the police officer’s legitimate performance of duties concerning the police officer’s 112 report by assaulting the police officer’s friend, fluor, with his hand, with his son and son’s friend on one occasion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act on the following grounds: (a) the fact that the defendant is the time of and against the crime of this case; (b) the defendant appears to have committed the crime of this case on a contingent basis; and (c) the fact that the defendant has no previous conviction exceeding the fine (one time) is favorable to the defendant; (d) the act of assaulting the police officer performing public

It can be seen that the defendant did not agree with the victimized police officer, that the victimized police officer wanted to punish the defendant, that there is a lack of efforts by the defendant to recover damage to the victimized police officer, and that the defendant has been punished for the crime of double species [the crime of violation of the Punishment of Violences, etc. Act (joint injury) and the crime of bodily injury] only once, the fact that the defendant has been punished for the crime of double species (the crime of violation of the Punishment of Violences, etc. Act (the punishment amounting to 7 million won) has been committed, etc. are shown in the criminal records and the trial process of this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence, circumstances before