beta
(영문) 수원지방법원 성남지원 2015.11.11 2015고단1753

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 18, 2015, at around 01:15, the Defendant refused to pay the liquor price to the owner of the business at the 1st floor located in Sungnam-si A, Sungnam-si B, and refused to pay the liquor price to the captain of the business at the 112th floor, upon receiving a report of 112 from the time when he was punished, the Defendant refused to pay the liquor price by stating that “the police officer of the Sungnam Police Station, who was called out after receiving a report of 112, would not pay the liquor price.”

Accordingly, the above F notified the defendant of the summary of the fact that he was accused, the reason for arrest, the right to appoint a counsel, etc., and arrested the defendant as a flagrant offender in fraud, and the defendant, who was in franchising, took the part of the F above F three times in his hand, carried the part of the above F in his hand, blicking him in his face on the road while refusing to take the patrol car, leaving his face on the road.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F, D, and G;

1. Receipts:

1. Application of each statute on photographs;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant is against the defendant and that there is no past record of punishment of a fine or more);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;