beta
(영문) 서울동부지방법원 2014.08.21 2014고단1517

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 becomes final and conclusive.

Reasons

Punishment of the crime

On May 14, 2014, at around 01:15, the Defendant: (a) expressed that, in front of the entrance of the subway line 3 subway line No. 4 in Seongdong-gu Seoul Metropolitan Government House No. 4, the Defendant was brupted by the Defendant, who was a police officer affiliated with the Seoul Seongdong Police Station C commander of the Seoul Sungdong Police Station, and called the Defendant, who was used under the influence of alcohol, caused the Defendant to cause the Defendant, who was used on the floor, and then was brud by the Defendant, who was in front of the entrance of the subway line No. 3 of the subway line No. 4 in the Seongdong-gu, Seongdong-gu, Seoul.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing of Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6-1 year and April) of the obstruction of performance of official duties (6-1 year and April), [decision of sentence] The crime of this case committed by assaulting a police officer, who attempts to cause the defendant being drunk from the street, and is not good enough to form a crime.

However, the fact that the defendant is recognized to commit the crime, the fact that the defendant seems to be a contingent crime, the defendant has no record of the crime except punishment once as a fine due to the violation of the Road Traffic Act, and the fact that the victim does not want the punishment is favorable to the defendant.

In addition, the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, family relationship, occupation, etc., shall be considered as the disposition.