beta
(영문) 대구지방법원 2021.03.24 2020고단6411

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2020, at around 00:15, the Defendant: (a) reported at around 00:15, the roads of the C Cooperatives located in Sinsan City B, and (b) recommended police officers E and F, who belong to the D District of the Police Station in the Gyeongbuk-do Police Station, who called the Defendant to shoulder and invalid the Defendant; (b) under the influence of alcohol, the Defendant saw the Defendant to board the patrol vehicle to take a bath, such as “c typ typ typ, sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp sp s

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A list of the place of work in the D District and the case to be reported, 112;

1. Application of Acts and subordinate statutes to report internal investigation (a statement of a police officer in charge of damage, confirmation of black stuffs image, etc.)

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties / [No person subject to special sentencing] [the territory of recommendations and the scope of the recommended punishment] basic area, six months through one year and six months.

3. Determination of sentence: Imprisonment with prison labor for six months and suspended execution for two years, the crime of this case shall be deemed to have been committed by a police officer in the course of performing his/her duties while taking a bath and assault, and the punishment for the crime shall be deemed to be minor;

shall not be deemed to exist.

However, there are favorable circumstances such as the defendant's reflectivity, the fact that there is no record of criminal punishment exceeding fine, and the age, occupation, sex, environment, motive, means and consequence of the crime.