beta
(영문) 서울중앙지방법원 2018.01.26 2017고단8589

업무방해등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 13, 2017, the Defendant: (a) around 21:50 on November 13, 2017, the Defendant: (b) obstructed the business of the Defendant: (c) obstructed the victim by getting off the said taxi at the intersection and moving the taxi to the front of the said taxi at the intersection for the signal waiting without any justifiable reason while getting on and off the said taxi; (d) prevented the victim from operating the taxi normally.

Accordingly, the Defendant interfered with the victim taxi operation by force.

2. 공무집행 방해 피고인은 전항과 같은 일시, 장소에서 112 신고를 받고 현장에 출동한 서울 강남경찰서 E 파출소 소속 경찰관인 F에게 “ 씨 발 놈 아, 니가 왜 지랄인데, 눈깔 라고, 저리 가라고, 맞짱 뜨자” 라는 욕설을 하며 손으로 위 F가 쓰고 있는 마스크를 잡아당기고, 양손으로 몸을 밀치는 등 폭행하였다.

Accordingly, 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. Each police statement made to F and C;

1. Investigation report (Attachment of black stuffs images and CCTV images);

1. Application of each statute on photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The scope of the recommended punishment according to the sentencing guidelines for one crime (Interference with the performance of official duties) and the scope of the punishment [the scope of the recommended punishment] under the mitigated area (one month to eight months] [the scope of the punishment for special mitigation]] under the mitigated area (one month to eight months] under the mitigated area of the mitigated area (the scope of the punishment for special mitigation] under the mitigated scope of the punishment for multiple total offenders who are not subject to the aggravated punishment for six months to one year; the scope of the final sentence due to the aggravated punishment for multiple total offenders; the scope of the punishment for six months from one year to eight months;

2. Circumstances that are disadvantageous to the decision of sentence: the criminal defendant in this case.