(영문) 인천지방법원 부천지원 2019.02.14 2018고단3174

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줄 간격

자간(%)

(영문) 인천지방법원 부천지원 2019.02.14 2018고단3174

공무집행방해

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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 November 14, 2018, at the main point of "C" located in Bupyeong-si B on November 22:41, 2018, the Defendant: (a) reported 112 that "C was unable to have a spirit; (b) caused the Defendant's daily behavior while using the patrol team belonging to the D Zone E (38 years of age) of the Busan District Police Station; and (c) tried to confirm the Defendant's personal information, and (d) expressed the Defendant's desire to "I must know why he would have to go, go, and spath," and (e) interfered with the Defendant's legitimate performance of duties concerning the handling of the police officer's report and the maintenance of order by carrying out 112 on the flash with the Defendant's chest's chest, with his hand, and flashing the Defendant's chest, and then interfered with the Defendant's lawful performance of duties concerning the handling of his duties and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (to hear statements by police officers visiting the police station);

1. Application of the statutes concerning field CCTV images and photographs refusing to affix seals;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order - The defendant recognizes and reflects wrongness.

- The defendant took a bath to a police officer who intends to return home, pushed his chest, and flabbbbling him. The crime of violence is not good.

After arresting flagrant offenders in the police station, it was difficult to avoid disturbance.

- At the time, the defendant seems to have committed a somewhat contingent crime by drinking.

- The extent of the assault is not serious.

- has been punished due to violence, crime of interference with business, etc.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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