beta
(영문) 인천지방법원 2016.06.02 2016고단1779

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 April 4, 2016, at around 02:20, the Defendant: (a) received a report from D Sarina located in Seo-gu Incheon, Seo-gu, Incheon, and received 112 reports and sent to the Defendant, and (b) a slope F belonging to the Incheon Western Police Station E District was on the Defendant’s clothes.

In order to listen to the circumstances against the Defendant, which caused the theft of the 30 million won fake check, the Defendant’s defect “Chewing, dice, and dices” was found to be the police officer.

"Spits, spits or spits the F' face on one occasion, using the F's public official's card presented by F as a f's hand, spits or spits the F's face once, and interfere with the police officer's legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the photographic Acts and subordinate 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;

1. Article 62(1) of the Criminal Act on the suspension of execution (it shall take into account the circumstances specified in the following grounds for sentencing):

1. The reason for the sentencing of Article 62-2 of the Criminal Act on the observation of protection and [type of decision] The reason for the sentencing of Article 62-2 of the Criminal Act [Interference with the performance of official duties] is the basic area of category 1 [the scope of the recommended area] [the scope of the recommended area], six months-one year-one year-4 [the decision of sentencing] that the defendant spits aggression upon the victim police and damages the public official's identification. However, although the nature and circumstances of the crime are not easy, all of the sentencing conditions such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime are considered, the punishment is determined as ordered.