(영문) 창원지방법원 진주지원 2020.02.12 2020고단34

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 진주지원 2020.02.12 2020고단34

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 became final and conclusive.

Reasons

Punishment of the crime

At around 02:30 on November 23, 2019, the Defendant d'D' operated by Jinju-si B, and d'D' in front of the “D,” while under the influence of alcohol, caused the Defendant to wear up the door of the said car page, etc.

As a result, C reported 112, police officers, such as Police Officers F, etc., belonging to the E-district of the Gyeongnam Police Station, were dispatched to the Kaf.

At around 02:45 on the same day, the Defendant continued to resisting the police officer, such as booming, cutting off, cutting off, etc., the Defendant was unable to resist the disturbance, and the police officer who attempted to restrain it and the police officer who attempted to stop it, went away from the center of the mixed, and was seated on the ground floor.

The Defendant, while taking place on the ground floor, assaulted F, such as “I am, I am feas, I am feas, I am am feas.,” and assaulting F, such as having the head of F, amfeas, and ambling it.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the photographic Acts and subordinate statutes;

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

1. The Defendant and his defense counsel asserted that the Defendant committed a crime in a state of mental disorder under the influence of alcohol. However, in full view of the details and content of the crime and the conduct before and after the crime, it cannot be deemed that the Defendant had the weak ability to discern things or make decisions under the influence of alcohol.

Reasons for sentencing

1. The scope of the obstruction of performance of official duties according to the sentencing guidelines shall be limited to the basic area of the obstruction of performance of duties and the coercion of duties, six months to one year and six months;

2. The degree of violence that has been used in the determination of sentence is not easy;

However, crimes are recognized.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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