(영문) 인천지방법원 2014.04.30 2014고단1574

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2014.04.30 2014고단1574

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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 31, 2013, around D convenience points located in Yeonsu-gu Incheon Metropolitan City, the Defendant received the Defendant’s 112 report that “A substitute engineer left the train on a shooting distance,” and tried to move the Defendant’s vehicle that interfered with the passage of another vehicle at the site of the training police station E zone, which was dispatched to the site, the Defendant sent the Defendant’s vehicle to the training police station E zone F, who was in the presence of the other vehicle at the site, stated that “A substitute engineer is not represented, Chewing typ, ypth, yp, and so, the police officer is equal to a bitch bitch bit.” The Defendant assaulted the Defendant’s chest on both hand.

The Defendant continuously arrested the Defendant as an offender in the crime of obstruction of the performance of official duties and loaded the Defendant into the patrol vehicle and transported the Defendant to the E zone, and assaulted the said F’s chest on the ground that he was able to prevent the Defendant from shaking the body of the Defendant under the influence of alcohol.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the receipt of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Police interrogation protocol of the accused (including the victim F's statement);

1. Application of the police protocol of statement to F;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Although the suspended execution of punishment under Article 62(1) of the Criminal Act is not a crime committed against the public authority, the punishment shall be determined as ordered in consideration of the fact that the defendant has no criminal record other than the minor fine, and other conditions of sentencing, such as the age, character and conduct, environment and circumstances after the crime, etc. of the defendant;

It is so decided as per Disposition for the above reasons.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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