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(영문) 창원지방법원 2020.06.26 2020고단1286

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2020, at around 03:15, the Defendant was urged to return home from D in the front of the window B of Changwon-si, who was reported to 112 as a drinking disturbance, and was sent to him, the Defendant exercised a tangible force by means of preventing the movement of the patrol car for about 14 minutes, such as opening the front of the patrol car dispatched to the site, and opening the front of the patrol car.

Accordingly, the defendant interfered with the police officer who performs legitimate duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on internal investigation (Attachment of field photographs), and a report on internal investigation (Attachment of images taken by a police officer accompanying a motion picture);

1. Report on internal investigation (verification of CCTV images for a method), application of each Act and subordinate statute on CDs for shooting;

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;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act is that a police officer who inflicts an injury on the lives and bodies of citizens, which leads to the danger of undermining public security and undermining the safety of citizens’ lives, and thus requires strict punishment.

In addition, in the case of this case, the defendant is not more likely to commit a crime than simply assaulting the police officer, because the defendant is a case of blocking the movement of the police vehicle.

may be seen as such.

However, considering the fact that the defendant is both aware of and reflects the mistakes, the fact that the principal case is a contingent crime under the influence of alcohol, in addition, considering the character and conduct of family relations peace, the details of the principal crime and the subsequent circumstances, etc., the punishment can be sentenced in case of re-offending.