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(영문) 서울동부지방법원 2014.09.25 2014고단2019

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 14, 2013, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution at the Seoul Eastern District Court for the crime of interference with business, and the said judgment became final and conclusive on November 21, 2013, and is still under the grace period.

On June 13, 2014, at around 21:47, the Defendant was able to take a vision for those who passed without any reason on the front side of the new bank located in the Jinyang-ro 95 Doll Building in Gwangjin-gu, Seoul, Seoul, the Defendant 112 reported and sent the 112 report to the security guards belonging to the Seoul Yinjin Police Station C police box, which was pushed down by hand, and continued to be arrested as a flagrant offender of the obstruction of performance of official duties and carried out with the said police box. The Defendant saw the qui to carry the said D’s saw by hand during the process of continuing being arrested as a flagrant offender of the obstruction of performance of official duties and carrying out the said police box, and committed violence by cutting down the breath of the above D’s Ba by hand.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Written statements prepared in D;

1. Investigation report (person for reference D and telephone communications);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of attachment of judgment documents) and statutes;

1. 범죄사실에 대한 해당법조 및 형의 선택 형법 제136조 제1항 (징역형 선택) 양형의 이유 o 법률상 처단형의 범위 : 징역 5년 이하 o 양형기준상 권고형의 범위 : 징역 6월∽10월 [공무집행방해범죄군, 공무집행방해, 제1유형(공무집행방해), 기본영역] o 선고형의 결정 최근 2년 이내에 공무집행 중인 경찰관을 상대로 폭행, 모욕한 범죄로 2회 벌금형의 처벌을 받은 전력이 있는 점, 이 사건 당시 업무방해죄로 징역형의 집행유예 기간 중임에도 자중하지 않고 다시 공무집행 중인 경찰관을 폭행하여 이 사건 범행을 저지른 점, 현행범 체포 시부터 파출소로 연행되는 과정에서도 계속적으로 폭행한 것으로...