beta
(영문) 창원지방법원마산지원 2020.10.06 2020고단749

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor 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

Around 00:02 on February 17, 202, the Defendant: (a) received a report from 112 that he was under the influence of alcohol on the road in front of the Masan-si, Changwon-si; and (b) received a request for identification for returning home from the background D, etc. belonging to the Mapo-dong Police Station C District of the Mapo-gu, Busan District Police Station, which was called “police kis have been changed to the police kis; (c) took a bath to “Is the police kis, kis,” and took a bath to “Is the police kis, kis,” and took two times the face of the said D.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. A criminal investigation report (related to the closure ofCCTV images), a photograph of CCTV images taken;

1. Application of the Acts and subordinate statutes to a criminal investigation report (related to attaching dynamics and video materials to police officers dispatched to the scene), a bar-camp image to a photograph;

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 (hereinafter referred to as the “justifiable circumstances”) of the suspended sentence;

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. Prosecutor's opinion: Six months of imprisonment;

4. The Defendant: (a) expressed two police officers’ desire and assaulted, thereby obstructing the performance of official duties.

It is not good to commit a crime by exercising force against police officers.

However, the defendant recognizes and reflects crimes.

Police officers did not have any injury.

The Defendant is an initial offender who has no criminal record.

The age, character and conduct, environment, motive, means, results, circumstances after the crime, etc. of the accused.