beta
(영문) 수원지방법원 2017.10.11 2017고단5438

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 1, 2017, at the main station located in Suwon-gu, Suwon-si, the Defendant: (a) sent to the site after receiving a report from 112 to the effect that the customer does not pay the drinking value; and (b) checked the circumstances of the case; (c) arrested the Defendant on the back seat of the patrol vehicle and escort the Defendant to the police box by means of fraud, the police officer affiliated with the police box in the Southern-gu, Police Station D, which was investigating the circumstances of the case; and (d) spits down down the spit on the face of the patrol vehicle while carrying the Defendant on the back seat of the patrol vehicle; and (e) spits down the spit on the face of the said patrol police officer on the face of the said patrol vehicle by assaulting the police officer performing official duties, such as receiving once the face of the said policeman on one occasion, thereby obstructing the police officer’s legitimate performance of duties concerning handling

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Application of field photographs, CD-related Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act of the community service order [the scope of recommendations] The grounds for sentencing under Article 62-2(1) of the Criminal Act / [the scope of punishment / [the scope of recommendations] the interference with the performance of official duties in the basic area (from June to one year and six months) / [the person who is subject to special sentencing] / [the decision of sentence] the police officer who conducts official duties is not good to commit the crime by assaulting the police officer who conducts official duties, and there is a record of criminal punishment for the same kind of offense, and the defendant is