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(영문) 서울북부지방법원 2015.10.14 2015고단2556

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 1, 2015, at around 07:04, the Defendant: DB Dong 301, who is a partner in Gangnam-gu Seoul Metropolitan Government, was able to open a door to the front of the house for the night time, and was urged by the Defendant to return home from the slopeF belonging to the Seoul Gangseo-gu Police Station, after receiving a report of 112, that “I want to open a door to the front of the house for the night time, I want to keep a sound from the beginning of the new wall 1 to the front of the house, I want to see and attach the door.” The Defendant, upon receiving a report of 112, sent the 112 report that “I want to return home from the slope F belonging to the Seoul Gangseo-gu Police Station, I want to sing the escape of the police gate, who was suffering from the said F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement prepared in C;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: one month to five years; and

2. Where the sentencing guidelines (the scope of recommending punishment on July 1, 2015) apply (the scope of recommending punishment) are minor as the mitigation area (one month or August), mitigation area (special mitigation person), assault, intimidation, and deceptive means are minor;

3. Although the Defendant’s decision of sentence denies C’s refusal to meet with the police officer, he saw C as a new head of night in front of his house, and complied with C’s order to return home before his house. However, the instant case where C’s failure to comply with the police officer’s instructions to return home after receiving the report, and used violent violence against the police officer is not easy.

However, considering all the sentencing factors appearing in the records of this case, such as the fact that it is difficult to see that the degree of assault against police officers is heavy, the confession and reflect of the defendant, and the circumstances, attitudes, circumstances after the crime of this case, the age, character and conduct of the defendant, and environment, the punishment as ordered shall be determined.

It is so decided as per Disposition for the above reasons.