(영문) 춘천지방법원 2020.02.13 2019고단1189

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Reasons

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자간(%)

(영문) 춘천지방법원 2020.02.13 2019고단1189

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 19, 2019, at around 05:40, the Defendant was under the influence of alcohol from the second floor of the studio building located in Chuncheon-si B, and was under the influence of alcohol to set sound from the window and out of the window, and was under the disturbance of the disturbance. The Defendant was under the influence of alcohol from the police officers belonging to the Gangwon-gu Chuncheon Police Station C District District, which received 112 reports, and was under the control of the police officers from the police officers belonging to the 1112 of the Gangwon-do Police Station, and went out of the above studio building, and she was under the desire to “this rings, Chewing, Chewing, Chewing, Chewing, Chewing,” and assaulted the police officers, as seen in the face of D’s seat belonging to the said C District.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on a document describing the processing of a DNA camp CD and a document describing 112 reported case;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The Defendant, who applied the law of choice of imprisonment with prison labor, was sentenced to a suspended sentence of imprisonment with prison labor due to the obstruction of performance of official duties on January 2019 and became final and conclusive during the suspended sentence period, and the Defendant committed another crime of obstruction of performance of official duties during the suspended sentence period, and committed several crimes of violence, which have been punished several times.

However, it seems necessary to consider equity in the case of concurrent cases (Seoul Northern District Law 19No1628) with the fact that the defendant seems to have committed a crime in favor of the defendant.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

참조조문

-형법 제136조 제1항

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