beta
(영문) 대구지방법원 서부지원 2019.05.16 2018고단2417

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2018, at around 00:20, the Defendant was under influence of alcohol in the West-gu, Seogu, Daegu, and was under influence of alcohol, and the Defendant expressed to E the Defendant “Chump”, expressed to E two times the face of E two times in drinking, and assaulted F’s arms and breasts to the Defendant two times in drinking, when the Defendant was under influence of alcohol at the site after receiving 112 reports.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties of police officers in relation to the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to a report on investigation ( telephone conversations with on-site witnesses);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant uses violence against two police officers. The reason for sentencing under Article 62(1) of the Criminal Act is that the crime is not good and that the defendant has been punished twice by a fine for violent crimes.

However, in light of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, there is no record of punishment exceeding the fine, the degree of damage is relatively minor, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime, etc., the punishment shall be determined as ordered.