beta
(영문) 서울남부지방법원 2016.12.23 2016고단4953

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 September 27, 2016, at around 14:17, the Defendant was provided with alcohol and alcohol equivalent to KRW 17,000 at the market price in Guro-gu Seoul Metropolitan Government C’s “D” but was not paid, and the Defendant solicited the Defendant to return home to the Defendant by payment of the price under 112, and subsequently, the Seoul Guro Police Station E-gu, Seoul, which was dispatched after receiving a report, and the Defendant assaulted the F’s body on several occasions as her head.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. C’s statement;

1. Receipts:

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of the recommended sentence according to the sentencing guidelines [the range of the recommended sentence] of the obstruction of the performance of official duties (the obstruction of the performance of official duties and the coercion of official duties) (the decision on the recommended area] basic area [the scope of the recommended sentence] from June to April; and

2. Circumstances unfavorable to a decision of sentence: The crime of this case is not likely to cause serious harm to the exercise of legitimate public authority by the defendant by assaulting a police officer.

The defendant has been punished for violence-related crimes.

In favorable circumstances: During the trial of this case, the victim police officer expressed his/her intention that he/she does not want to punish the defendant.

The above circumstances and the records and arguments of this case, including the circumstances leading to the Defendant to commit the crime of this case, the degree and result of damage, the circumstances after the commission of the crime, the records of the Defendant’s punishment in the past, and other circumstances, including the Defendant’s age, character and conduct, and environment, shall be determined as the sentence as ordered.