(영문) 인천지방법원 부천지원 2019.05.23 2019고단72

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(영문) 인천지방법원 부천지원 2019.05.23 2019고단72

공무집행방해

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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 becomes final and conclusive.

Reasons

Punishment of the crime

On January 5, 2019, at around 03:08, the Defendant: (a) proposed that E, a police officer belonging to the D District Unit of the Busan High Police Station D District, who was dispatched after receiving a report on the disturbance inside the main place, move at the main place of the Defendant; and (b) proposed that E, a police officer belonging to the D District Unit of the Busan High Police Station, who was called “C” to move to the district, to board the patrol vehicle at the seat of the Defendant; (c) opened E, etc. one time at the seat of the patrol vehicle; and (d) called that the police officer sent to the patrol vehicle, satfing, and sat down the chest with the seat of his hand; and (d) interfered with the boarding of the patrol vehicle by the police officer on the front door of the patrol; and (d) the Defendant asked E to ask for the name of the Defendant, and sent to it at the time of leaving the arms.

Accordingly, the defendant assaulted police officers E and interfered with legitimate execution of official duties.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement [which is reliable in light of the consistent statement, the video content of the bar scam CD, the closure of the bar scam images, etc.];

1. Statement to E by the police;

1. A criminal report (faccam investigation), a facam to caps a facam and a facam CDs;

1. Application of Acts and subordinate statutes on the place of work in the D District;

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The defendant does not recognize the error of sentencing under Article 186(1) of the Criminal Procedure Act.

In this court, while reproducing the video, there is no way to see that the defendant clearly obstructs the performance of police officer's duties, and there is no way to justify himself/herself and to see only the mistake of police officer.

However, the degree of violence is not much serious.

There has been three times of punishment of a fine due to violence, and there is no record of punishment exceeding a fine.

참조조문

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