beta
(영문) 인천지방법원 부천지원 2019.01.31 2018고단3042

공무집행방해

Text

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

However, 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

On October 14, 2018, at around 02:05, the Defendant: (a) laid the Seoul taxi in front of the Seocheon-si B market; and (b) took a personal and biological lurged lurg to the residence of the C; (c) taken the lurg by the police officer, a police officer belonging to the Seocheon-si Police Station D Zone D District, which was dispatched after receiving a report from a taxi engineer, was moved to the road prior to the residence of the Defendant of Seocheon-si, 02:35 on the same day.

After getting down from the patrol car, the Defendant did not enter the patrol car and did not enter the patrol boat E, and she took a bath, such as “this son, frighter, and fease feas,” and boomed with the chest, feas, hand, etc., and feasd on the front of the patrol car that continued to move to another scene.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation;

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to standing photographs of dispatched police officers;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] : The basic area (6-1 year and 6 months) of the obstruction of performance of official duties (6-1 year and 6 months) / [decision of sentence] disadvantageous circumstances: Defendant interfered with the legitimate performance of duties by police officers while under the influence of alcohol, and the nature of crime is not good.

The favorable circumstances: The mistake is recognized and reflected.

There is no record of punishment for the same kind of crime.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive and circumstances of the crime, the degree of obstruction of performance of official duties, the circumstances after the crime, etc. and the various sentencing conditions shown in the arguments.