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(영문) 서울서부지방법원 2015.09.11 2015고단1427

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 16, 2015, the Defendant: (a) around 08:35, 2015, the Defendant: (b) Dan in front of the coffee shop in Mapo-gu Seoul; (c) Dan in front of the instant car owned by the victim D, who was waiting to the signal, cut off twice the instant car’s beams by a sudden drinking.

Accordingly, the defendant damaged the victim's property.

2. On June 16, 2015, at the same place as the preceding paragraph, around 08:40 on June 16, 2015, the Defendant: (a) stated that the police officer G, who is a police officer of the Mapo Police Station, dispatched after receiving 112 a report, would not see the Defendant’s identity; (b) the police officer, who was a police officer of the Mapo Police Station, who was called for 112, would not see the case’s identity; and (c) the Defendant took three times the face of G by drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of the Acts and subordinate statutes to photograph the damage of property, photograph of the crime scene, investigation report (verification of the victim's vehicle boom image), and photograph of the black image;

1. Relevant Article 366 of the Criminal Act and Article 366 of the choice of punishment for the crime (the point of causing damage and destruction of property, the choice of imprisonment), and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing of Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances) for the suspended sentence are crimes 1 (Obstruction of Performance of Official Duties) for the reasons for sentencing (Scope of Recommendation ] of Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the same Act (Article 62(1) of the Act on the Suspension of Performance of Official Duties (Article 6-1 and 4) (Article 2 of the Act on the Suspension of Performance of Official Duties) that have no basic area (Article 1 (Articles 6-1 and 4) [Scope of Recommendation ] of the mitigated area (Article 1-6) (Article 1) (Article 62 of the Act on the Suspension of Execution of Execution of Official Duties).