공무집행방해등
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
[2019 Highest 4730] Criminal facts committed by the Defendant on August 9, 2019, the first floor civil petition office of the Seoul Northern District Court in Dobong-gu, Seoul, Seoul, and 749, the civil petitioner and the civil petitioner's use of the PC, the Defendant continued to resist the disturbance even in the public official B belonging to the above court, and the public official D belonging to the above court in charge of C in charge of C in the above court did not stop the Defendant again. As they are drinking, the Defendant threatened the above D by drinking, and pushed the fat on the left-hand side of the above D by saving the fating the fat, making the fats on the left-hand side of the above D.
Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance and management of order within the court.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of police suspect regarding D;
1. Investigation report (execution of a warrant of seizure, search and inspection and confirmation of CCTV image data secured), -CCTV images fags;
1. Investigation report (a copy of suspect D's identification card and a copy of work log on the day of the case), - a copy of a public official identification card, - a daily work order (Seoul Northern District Court);
1. Application of suspect D damaged photograph Acts and subordinate statutes;
1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62 (1) of the Criminal Act;
1. The reasons for sentencing under Article 62-2 of the Criminal Act, including the probation and order to attend a lecture, was assaulted by the court-based civil petition office by means of breathing and smuggling of a public official in charge of C, who belongs to the court, without disputing other civil petitioners.
In light of the background of the crime and the degree of assault, the possibility of recidivism cannot be ruled out because of the past force of punishment for the crime of violence. However, the execution of imprisonment with prison labor is suspended only once, taking into account the circumstances such as the fact that the defendant's mistake is recognized, the fact that the injured public official transferred his intention to the death, and the fact that it seems difficult to control the appraisal due to diseases such as unstable disorder, etc.