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Reasons
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(영문) 청주지방법원 2019.03.28 2018고단2431
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than five 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

Defendant: (a) around 01:40 on August 16, 2018, at the Seowon-gu, Seowon-si, Cheongju-si, and at the “C” convenience store, the Defendant: (b) returned home from F and B, a police officer belonging to the E Zone, who was dispatched to the site by the report of the said D’s 112; and (c) returned home from G, a police officer belonging to the E Zone;

the Gu shall be subject to the Gu.

In disregarding the above demands, the Defendant took a bath to the above police officers, such as “Nindo Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do na,” and tried to cut his hand out to the teto Do Do Do Do Do na, where F Do Do Do Do Do Do Do na, and Do la Do Do la Do la Do la Do Do na's hand, and Do la Do na's hand la Do lab

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

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. G statements;

1. Application of Acts and subordinate statutes of report on internal investigation and investigation;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., circumstances favorable to the defendant among the reasons for sentencing) is that the crime of this case is not likely to be committed by the police officer who called out after receiving a report of disturbance at the convenience store under the influence of alcohol by the defendant, or by taking advantage of the force of force.

However, considering the fact that the degree of violence is not much serious, there is no criminal history against the defendant, the fact that the defendant again does not cause such an act, and other all circumstances constituting conditions for sentencing, such as the defendant's age, character and conduct, environment, conditions before and after the crime, etc., the punishment shall be determined as per the order.

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