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(영문) 인천지방법원 2018.10.25 2018고단5817
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2018, the Defendant was under the influence of alcohol in the stairs between the building in Bupyeong-gu Incheon, Bupyeong-gu B, and between the first and second floors on July 21, 2018, on the ground that the Defendant was under the influence of alcohol, the Defendant was under the influence of alcohol, on the ground that the slope D belonging to the Incheon Samsan Police Station C District of the Incheon Samsan Police Station, which was dispatched upon receipt of the report 112, was broken the Defendant.

The police officer's legitimate execution of duties was obstructed by assaulting, such as intimidation, drinking twice as he or she can die in this hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / 【Scope of Recommendation / Suspension of the Performance of Official Duties (Type 1) [Attachment / 8] Sentence / 【Determination of Sentence / 1] The occurrence of a non-sexual crime in the state of over-gradic stability, without discovery of violent criminal records or drinking habits, and treatment in society by hedging the possession of a serious reflective and work site.

However, it is difficult to completely eliminate the possibility of re-offending in unstable mental and physical conditions, if the symptoms of depression resulting from the occurrence of the case and the environment faced by the defendant are not improved.

The punishment shall be determined for three months within the scope of the recommended punishment, and the execution of the punishment shall be suspended for a period of one year on condition that community service for the improvement of sex.

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