beta
(영문) 인천지방법원 2018.12.21 2018고단7336

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

피고인은 2018. 7. 6. 02:20 경 인천 연수구 C, 2 층에 있는 D 주점에서 피고인이 욕설을 한다는 112 신고를 받고 출동한 인천 연수경찰서 E 지구대 소속 경사 F에게 “ 이런 썅놈의 새끼들, 개새끼들, 내가 너희들 가만히 안 둔다.

“.......” The F’s bath part was made at one time by hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of the Act and subordinate statutes to a criminal investigation report (the CD reproduction and confirmation report);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be six months to one year and six months; and

2. Whether to suspend the execution (main reasons) - positive: Non-performance of punishment (including serious efforts to recover damage) (including general circumstances) - positive: Serious reflection;

3. Where a defendant makes a decision on a sentence of punishment, he/she shall take a bath to a police officer in receipt of a report under the influence of alcohol, and assault the part of the trees of a police officer to obstruct the performance of his/her duties, and the nature of the crime is not good in light of the motive and circumstances

In the process of taking the police into custody, the Defendant seems to have expressed a desire for police officers, and the Defendant seems not to have shown a serious reflective color to the effect that he was unable to memory under the influence of alcohol even after being under the police investigation.

Even though according to images taken at the time of the crime that were reproduced and investigated in this court, the act of the defendant does not constitute assault, and the defendant rather takes a boom or hand over the police officer.