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(영문) 서울동부지방법원 2017.02.09 2016고단4259

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

The Defendant: (a) around 01:10 on August 3, 2016, the Defendant: (b) at the Songpa-gu Seoul Songpa-gu Seoul 2’s Singing practice place; and (c) the police officers affiliated with the Seoul Song-gu Seoul Song Police Station D District, who called up upon receiving a report of illegal business by singing and sent out, had singing for the confirmation thereof.

On the one hand, it interfered with legitimate execution of duties concerning the prevention and investigation of crimes by police officers, public peace and maintenance of order by breaking the shoulder of the above police officers with defects, blocking the body, blocking the street and booming the shoulder of the above police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to one year and June, Class 1 (Obstruction of Performance of Official Duties and Compelling of Duties) shall be the basic area (from June to June) - No person subject to a special sentencing:

2. The Defendant, who was sentenced to a sentence, exercised violence while insulting the police officer who investigated the crime.

The uniform of police officers represents the law, and in particular, police officers are enforcing the law to prevent or investigate crimes by putting in uniform.

Therefore, the use of violence against them shows the general view of law, and it should be more severe criminal liability than interference with the exercise of violence against the general public or the performance of official duties against other public officials who are able to handle civil petitions.

Furthermore, the defendant has brought about the result of obstructing the performance of official duties, such as the escape of singing.

In light of this, the defendant is sentenced to imprisonment.

However, the defendant does not have the record of crimes committed by violence or by obstructing the performance of the same kind of official duties.