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(영문) 전주지방법원 정읍지원 2018.12.18 2018고단413
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 September 14, 2018, the Defendant reported the following: (a) around 21:04, that he was under influence in a sampling market located in the Si/Gu of Jung-Eup, the Defendant: (b) reported the 112 report to the effect that he was under influence of alcohol in a sampling market; (c) demanded the police officer to not leave all vehicles and people located therein and those located therein; and (d) demanded the police officer to refuse this request; (d) the police officer rejected this request; (e) the police officer expressed a desire, such as “I frith, dead, dead, fluor, fluor, fluored off, and fluored off of uniforms; and (e) assaulted fluored off the outer part of the previous D’s flab and fluored off.”

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the maintenance of order by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, and F;

1. 112 A list of reported cases;

1. Investigation report (to attach screen pictures and videos submitted by witnesses);

1. Application of the video 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. The instant crime for the reason of sentencing under Article 62-2 of the Criminal Code of the Social Service Order was committed in the situation where the police officers called out on the ground of the Defendant’s 112 report, which led to the excessive celebling of celebbbbbling by the artist at the event site, regardless of many people.

The Defendant committed the instant crime by forcing a person who was at the same time to catch an offender and preventing him from gathering, causing disturbance, such as blocking the front of a cargo vehicle, and preventing the police officer from removing such disturbance, and committing assaulting the police officer, such as breaking the front of the cargo vehicle on which the Defendant took a bath, and breaking the front of the other part of the motor vehicle on the uniforms of the police officer, etc., and committing the instant crime. In light of the details and attitudes of the crime, the Defendant is not easy to commit the instant crime.

The Defendant, in the course of arresting the Defendant as an offender in the act of committing the instant crime and boarding the patrol car, knee knee knee knebbbs by the police officer, and driving seat in the patrol car.

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