beta
(영문) 대전지방법원 2014.08.08 2014고단1846

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 23:00 on June 8, 2014, the Defendant, at the D restaurant located in Sejong-si, did not account for eating and drinking in the D restaurant, carried a trial fee to E, the head of the above restaurant, demanding the calculation of the food value, and continued to take a bath to E, and sprinking his flab, etc.

G belonging to the F Zone G of the Chungcheongnamnam Police Station of the Chungcheongnamnam Police Station, which called the site after receiving a report from 112 that the drinking person spaw at the above restaurant spaw at the above restaurant, and H arrives at the above restaurant, and H moves into the E in which the Defendant and the body were fighting, and G was faced with the circumstances of the case.

그러자 피고인은 갑자기 “차, 차” 라고 말하며 주먹으로 G의 얼굴 부위를 1회 때리고, G가 이를 제지하자 다시 발로 G의 허벅지, 종아리 부위를 3-4회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements concerning E and G;

1. Article 136 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including reflectivity, the degree of violence and obstruction of performance of official duties, circumstances before and after crimes, records of the same kind of crime (the fine for a year 2010), etc.);