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(영문) 인천지방법원 2016.07.20 2016고단3432
공무집행방해
Text

A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

[criminal records] On April 17, 2014, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court, and completed the execution of the sentence at the Seoul Southern Prison on August 16, 2014.

[2] On June 6, 2016, at around 08:44, the Defendant was urged to return home from G by the police officer of the Incheon Samsan Police Station E box, who was dispatched to the site according to the report 112, in the “D cafeteria” located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and the Defendant: (a) took a bath to the customers under the influence of alcohol; and (b) took a bath to them; and (c) he was urged to return home from G by the police officer of the Incheon Samsan Police Station E box assigned to the site according to the report 112.

Accordingly, the Defendant expressed the above police officer’s bath to “this son”, and boomed F’s left eye part of F in the background of the booming the arms, and assaulted the police officer at one time as drinking a horse G’s seat to restrain it.

As a result, the defendant has prevented police officers from performing their duties on the duty of maintaining order according to 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (report attached to a judgment) statute;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Sentencing Criteria (the scope of final sentence due to the aggravation of multiple offenses): Crimes from June to February, and from Class 1 to Grade 2: The basic area that interferes with the performance of official duties (the obstruction of performance of official duties and coercion of duties);

2. The crime of this case is a crime committed by the Defendant without being aware of it during the period of repeated crimes, against two police officers wearing uniforms dispatched after receiving a report on the disturbance during the Defendant’s place of business.

Therefore, the defendant is sentenced to punishment.

However, there is a family member who should support the defendant with the fact that the defendant recognized the crime, deposited, and has no record of the same kind.

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