beta
(영문) 서울북부지방법원 2017.11.01 2017고단3886

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2017, at around 01:35, the Defendant: (a) reported domestic violence No. 112 on the Dok-gu Seoul Central District B floor; and (b) carried out the Defendant’s residence in order to investigate domestic violence reports; (c) however, the Defendant Dak Police Station 00 affiliated with the Seoul Central District Police Station 00, put Ropan into the Defendant’s residence; (d) however, the Defendant Hakk and came into the Republic of Korea.

".......... as the panpanty is threatening to open the spande, the hives of the above patrolman, the face of the C, which was the left hand, was committed by assaulting C, such as taking the hives of the C, and taking the hives of the C, at the left hand.

In the end, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of the Acts and subordinate statutes of a photograph, which is destroyed and damaged by a police officer's spanty photograph, a spanch photograph, and a c police officer's spande photograph with a spande, spande, and c with a spande attached thereto, when the police officer

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment], the basic area (six months to one year and four months) (no person subject to special sentencing] of the types of Class 1 (Obstruction of Performance of Official Duties and Forced Performance of Duties).

3. After the decision of sentencing has been made, the degree of assault against police officers, such as panpanty, is not easy, there is no record of the same kind of crime, and support for two minor children, the punishment shall be determined as ordered in consideration of the sentencing conditions, such as the age, sex, environment, etc. of the accused;