beta
(영문) 서울북부지방법원 2016.11.10 2016고단3652

공무집행방해

Text

The punishment of the accused shall be eight months by imprisonment.

However, the execution of imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2016, the Defendant, at around 15:35, 2016, expressed a pulse in D “D,” which is located in W, with a large amount of drinking alcohol, and requested F, a police officer belonging to the Daejeon Police Station E Zone E zone, who was dispatched after receiving an employee’s 112 report, to present his/her identification card, and expressed his/her will to F, and threatened him/her with drinking and assault, and obstructed the police officer’s legitimate performance of duties concerning criminal investigation by assaulting F with his/her face on his/her hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the police officer with F;

1. Statement of G;

1. Notification to a department related to 112 Incident Report, and application of statutes governing the place of service;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account the fact that a person commits an error and commits an offence against the police);

1. Probation and community service order under Article 62-2 of the Criminal Act;