beta
(영문) 인천지방법원 2015.05.28 2015고단1510

공무집행방해등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 15, 2015, at around 01:30 on February 15, 2015, the Defendant interfered with the business of the victim C’s main store in the Nam-gu Incheon Metropolitan City, the Defendant interfered with the victim’s main store business for about 20 minutes by: (a) under the influence of alcohol while drinking together with his/her daily alcohol E; (b) under the influence of alcohol while drinking together with his/her daily alcohol, he/she talks E; and (c) under the influence of alcohol; and (d) having the customers in that place go out of the place without calculating the amount.

2. The Defendant was engaged in obstruction of performance of official duties at the time and place specified in paragraph (1), and the Defendant took a bath to the G and patrolman belonging to the F District of the Incheon Southern-dong Police Station, which was called out after receiving a report from the Do having committed the Do, such as Paragraph (1) and 1, on several occasions.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of reported cases by assaulting H.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to I, H, C, and J;

1. Application of statutes on site and victim photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order [the scope of recommending sentence] is that where the basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-6 months and one year and four months) (no special person) is concurrent crimes with an offense for which no sentencing guidelines are set, the lower limit is subject to the sentencing guidelines for the offense for which the sentencing guidelines are set (the decision of sentence is made] under the influence of alcohol, thereby obstructing the victim C’s main business and performing official duties.