beta
(영문) 서울북부지방법원 2015.07.22 2015고단1862

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On May 10, 2015, at around 03:20 on May 10, 2015, the Defendant was faced with disturbance, such as the Defendant’s house located in Dobong-gu Seoul Metropolitan Government, women’s friendship, dispute with women’s friendship, and destruction of a flag and damaged a water at the site after receiving a report of 112, and was dispatched to the site from D’s seat of the Seoul Dobong Police Station C District

As a result, the Defendant, with the Defendant’s hand, laid down the left hand of the said D, and complained of the above D’s suffering, assaulted, such as plpling, plucking, breaking up, and breaking up the left hand hand of D, “if the fingers have been broken, 119. If the fingers have been broken, 119.”

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported cases and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. The reason for sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution [Scope of Recommendation] The scope of balancing between the applicable sentencing range and the recommended sentencing range (6-1-4 months) of the basic area (6-1-6 months) of the obstruction of performance of official duties: the crime of obstruction of official duties committed in June-1 and April (the decision of sentence] is a crime that undermines the function of the State by nullifying legitimate exercise of public authority, and thus, it is necessary to strictly punish the crime in order to establish the legal order of the State and eradicate the light of the public authority.

However, when the defendant was committed the crime in this case, the defendant repents and reflects his mistake, the defendant has no criminal records of the same kind, and the defendant has no other criminal records of the same kind, and the defendant's age, character and behavior, environment, motive, means and result of the crime, the circumstances after the crime, etc. shall be determined as ordered.