beta
(영문) 의정부지방법원 2017.07.21 2017고단2544

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On May 16, 2017, at around 02:35, the Defendant appeared on the street in front of the “C cafeteria” in the Guri-si B, around May 16, 2017, after receiving a 112 report that “A young male is under the influence of alcohol,” and that “A police officer, who belongs to the D District Police Team in the Minari Police Station, is working on the street to get off a taxi that occurred again, E and the police officer F, who is the police officer of the D District in the D District of the Minari Police Station, are working on the spot.”

이에, 피고인은 같은 날 02:55 경 위 순찰차로 다가가 본네트를 치며 순찰차에 태워 달라며 떼를 쓰고, 위 E이 이를 제지한다는 이유로 ‘ 씨 발 놈 아 그냥 태워 줘, 개 새 꺄, 야 씨 발 뭐 이래 ’라고 욕설을 하는 등 시비를 걸 다가, 위 F이 현장 채 증을 위하여 휴대폰으로 피고인의 모습을 촬영하자, ‘ 야, 씨 발 찍지 마 ’라고 말하며, 소지하고 있던 가방을 위 F을 향해 집어 던졌다.

Accordingly, the defendant assaulted the above F to interfere with legitimate execution of duties concerning crime prevention, suppression, investigation, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of G and E;

1. Investigation report (Investigation intoCCTV);

1. Application of the Acts and subordinate statutes governing the closure of damaged photographs and CCTV images;

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 suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] There is no person [the person subject to special sentencing] in the basic area (from June to one year and six months) [the person subject to special sentencing] [the decision of sentencing] in the instant crime, while there is a need for strict punishment of the Defendant in order to maintain a balance among the public authorities with respect to the instant crime. However, there is no record of the Defendant’s confession of the instant crime, the Defendant did not have been punished for the same kind of crime, and there is no record of the Defendant’s age, sexual conduct, the process and motive leading to the instant crime, and the circumstances before and after the instant crime, etc.