beta
(영문) 대전지방법원 2017.01.10 2016고단3352

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 23, 2016, at the D restaurant located in Daejeon-gu, Daejeon-gu, Daejeon-dong, the Defendant requested the F to have the Defendant go home to the police officer belonging to the Daejeon-dong Police Station E District of the Daejeon-dong Police Station, who was called out after receiving a report of 112 that the Defendant was under the influence of alcohol, and had the Defendant go home to the said F along with the said F, while returning to the patrol lane, the Defendant was her home to the front of the Daejeon post office located in Daejeon-gu, Daejeon-dong, Daejeon-gu, Daejeon-dong, and was set off from the patrol car without any justifiable reason, and then was able to put to the right side of the said F, and the Defendant committed assault by means of cutting off the head debt again.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on the handling of damaged photographs, E earth's work site, and 112 reported case;

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

1. Article 62(1) of the Act on the Suspension of Execution does not focus on the degree of violence against police officers for the reason of sentencing under Article 62(1) of the Criminal Act, the fact that the defendant deposited KRW 500,00 for the recovery of damage, the fact that the defendant is against the defendant, the fact that the defendant has no criminal records, and other various conditions of sentencing, including the defendant's age, sex behavior and environment, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.