beta
(영문) 인천지방법원 부천지원 2014.11.20 2014고단2575

공무집행방해등

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 September 11, 2014, at around 00:30, the Defendant arrested a flagrant offender and boarded the patrol vehicle on the same ground as indicated in paragraph (1), and obstructed a police officer’s legitimate performance of duties concerning the arrest, etc. of a flagrant offender, by walking the window of the patrol vehicle, and blocking the police officer from walking the left chest part of the police officer B, thereby obstructing the police officer’s legitimate performance of duties concerning the arrest, etc. of a flagrant offender, and, at the same time, faced with a string wall that requires approximately two weeks of medical treatment to the above B.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

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

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the accused has led to the confession of the crime and is divided; (b) the accused deposited some money to compensate for the damage of the victimized police officer; and (c) the accused has no record of criminal punishment exceeding the fine; and (d) other punishment as ordered shall be determined in consideration of the Defendant’s age, character

Public Prosecution Rejection Parts

1. On September 11, 2014, at around 00:25, the Defendant, while drinking alcohol to customers while drinking alcohol, and drinking alcohol, the victim B, a police officer belonging to the Han-gu Police Station F District, who was called up after receiving a report of 112, was able to listen to the Defendant’s statement against the Defendant, and the Defendant expressed the said victim’s desire to “the same bit bit bit of a bitch bit of a bitbit of a bitbit of a bit of a bitbit of a bit of a bit of a bit of a bit of a bit of a bitbit of a bitbit of a bitbit of a bitbit of a bit of a bit of a bit of the instant facts charged, and continued to have the victim expressed the victim’s desire to “whether or not a police officer will not make a breath of a brut.”

2. Determination.