(영문) 인천지방법원 부천지원 2019.01.25 2018고단3238

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자간(%)

(영문) 인천지방법원 부천지원 2019.01.25 2018고단3238

공무집행방해

Text

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

Reasons

Punishment of the crime

around 17:45 on October 20, 2018, the Defendant: (a) 17:45 at the entrance of the Sincheon-si B market, “A man who drinks with a bicycle, continues to drink with a bicycle.” The Defendant, upon receiving a 112 report, she expressed a desire to “E” from the border E belonging to the D District of the Sincheon-si Police Station D District called the site, and, upon receiving a 112 report, assaulted E’s breast part with a bad finger at once.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement (No. 2, 3, and 4);

1. 112 reported case handling table;

1. Application of Acts and subordinate statutes to investigation reports (CTV image verification results);

1. Article 136(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the reason for sentencing the sentence of imprisonment alternative, need to be avoided the exercise of legitimate public authority, and be strict as an act detrimental

In light of the circumstances favorable to the defendant (the fact that the defendant recognized his own responsibility due to the crime of this case), the defendant at a disadvantage of the defendant, even though he was urged to return home from the police officer who was arrested and dispatched on account of the defendant, he continued to take a bath for about 20 minutes in the market used by many people, and the police officer notified the defendant that he would take a notice to the defendant, and rather, the police officer would take a notice to the defendant, and the crime of this case was committed in spite of the police officer's desire and threatening behavior, and the crime of this case was committed, and the crime of this case was committed in bad condition, and the degree of obstruction of the performance of official duties is not easy to exercise force against the police officer who was taking a legitimate measure due to the act of the defendant under the influence of alcohol; the defendant was arrested as a flagrant offender and was taken to the police officer without being taken to the police officer.

참조조문

-형법 제136조 제1항

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