beta
(영문) 창원지방법원 진주지원 2015.06.11 2015고단316

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 April 3, 2015, the Defendant: (a) sought at the police box of the Gyeongjin-gu Police Station C in Jinju-si, which was located in Jinju-si, from around 13:30 to 14:25, and (b) took a bath to two police officers, who were working while leaving the police box of Jinjin-gu, Jinnam Police Station C, which was located in B at Jinju-si; (c) stated that “I will not leave the house, and I will not leave the house,” and (d) stated that I would want to drink E who will take a sexual figure, and was arrested as a flagrant offender violating the Punishment of Minor Offenses Act.

The Defendant: (a) sent back to the lock for the foregoing reason; (b) obstructed the police officer’s legitimate performance of duties in relation to the police officer’s service, such as: (c) threatening the above police officer’s face to be sponsed; (d) threatening him as sponsed by sponsing him; (c) “I am sponsed; (d) I am sponsed; and (d) I am off his clothes; and (e) threatening all of his family members to kill and die agrochemicals.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A statement of F and G;

1. Application of the Acts and subordinate statutes to ct video data in which the criminal suspect is recorded, a written statement of the situation of the host, a copy of the service place of a police box, and the criminal suspect;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. In order to establish the legal order of the country with reason for sentencing under Article 62(1) of the Criminal Act and eradicate the light of the fact that the Defendant committed a crime of obstruction of performance of official duties, there is a need to strictly punish the criminal act of obstruction of official duties. In light of the fact that the Defendant found the police box without any particular reason and threatened the police officer with a bath and intimidation, the Defendant’s liability for the crime of obstruction of official duties

However, the fact that the defendant is against himself/herself while committing his/her crime, the fact that he/she commits a somewhat contingent crime under the influence of alcohol, the degree of intimidation is relatively not more severe, the defendant has no criminal power exceeding the same kind of power or fine, and other facts.