beta
(영문) 전주지방법원 2016.10.19 2016고단1344

공무집행방해

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

On July 27, 2016, around 01:48, the Defendant was urged to return to the house from E and Posman F, who was dispatched after receiving 112 a report, at the “C” drinking house located in Seojin-gu Seoul Metropolitan Government B, the Defendant continued to move to the zone according to the request of the Defendant, his guardian, by leaving the cell phone at the front of the said drinking house.

At around 02:18 on the same day, the Defendant arrived at the said district parking lot located in Seongdong-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, and went off from the patrol car, the Defendant: (a) sent the said F’s chest to the said passenger F at his hand at two times in the face of the said F’s chest by having tightly pushed down two times in the two hand; and (b) committed assault to H of the said district security guards, “I was the same one year, Chewing flag, flag, flag, and flaged, flaged, flaged, flaged, and flaged at the said H’s face.”

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. Examination protocol of the accused by prosecution;

1. Each police statement made to F and H;

1. 112 reported case processing lists, on-site photographs, etc., video CDs;

1. Application of Acts and subordinate statutes of each investigation report;

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

1. Crimes of obstruction of the performance of official duties against F and H, which are police officers, and punishment imposed on H, which is more severe, Articles 40 and 50 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act, where the defendant assaulted the police officers under the influence of alcohol, and thereby obstructing the performance of official duties, the nature of each of the crimes of this case is not weak.

However, the defendant commits his crime.