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(영문) 전주지방법원 정읍지원 2020.04.23 2020고단39
공무집행방해등
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A defendant shall be punished by imprisonment for not more than ten 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 December 29, 2019, at around 03:20 on December 29, 2019, the Defendant was under the influence of alcohol in front of the C main office located in B, the Defendant was under the influence of alcohol. “A person under the influence of alcohol is a person on duty,” the Defendant received a report from 112, and received a request from the victim E, who is the circumstances leading to the D Zone in the House Police Station, called the victim E, called the victim’s face one time.

As a result, the Defendant interfered with the police officer's legitimate performance of duties on the 112 Report Report, and at the same time, the Defendant inflicted injury on the victim such as the other parts of the head that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious bodily injury) ;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The execution of a sentence shall be suspended on the condition of community service order, taking into consideration the reasons for sentencing under Article 62-2 of the Criminal Act, the degree of the exercise of tangible force, the degree of damage, the criminal records [a fine of 100,000 won on January 30, 1985, and a fine of 1 million won on November 18, 1991], etc.

In addition, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the conditions of all the sentencing shown in the arguments in this case, such as the circumstances after the crime, shall be determined in the same manner as the order.

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