beta
(영문) 대전지방법원 2016.10.20 2016고단2707

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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 August 2, 2016, at around 06:40 on August 2, 2016, the Defendant took a bath on the ground that he was under the influence of alcohol on the front of the C cafeteria located in Daejeon-gu, Daejeon-gu, Daejeon-dong Police Station D District of the Daejeon-dong Police Station, who was called after receiving a report, and was subject to removal from E by the police officers belonging to the Daejeon-dong Police Station, and obstructed the Defendant’s legitimate execution of duties concerning the maintenance of police officers’ order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. A report on internal investigation:

1. Application of the Acts and subordinate statutes to photographs (the photographs of parts damaged by the victim);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act (Article 62(1) of the same Act provides that the defendant has no other force to impose criminal punishment except a fine once a fine is imposed on the defendant for the crime of this case, and that the defendant committed the crime of this case by contingency at full discretion) is likely to interfere with the legitimate exercise of public authority that should be strictly executed. The act of assaulting the police officer to perform legitimate official duties in uniform constitutes a violation of the form of crime and the nature of the crime and the nature of the crime is deemed to be bad, and the crime is deemed to be bad; the defendant did not agree with the victimized police officer; the victim police officer wanting to punish the defendant; the victim police officer does not have an effort to recover damage; the victim police officer’s age, character, environment, motive, means, and consequence of the crime of this case committed before and after the crime of this case; the suspension of execution of sentence shall be suspended by comprehensively taking into account all the conditions of sentencing and the sentencing guidelines in accordance with sentencing guidelines

1. Social service order under the Criminal Act;