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(영문) 서울중앙지방법원 2018.06.15 2018고단2365

공무집행방해

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

On March 15, 2018, around 06:18, the Defendant was recommended to pay a taxi fee and return home from D, a police officer belonging to the Yak Police Station C District, to arrive at the site as a 112 report of a taxi driver, due to the occurrence of a taxi driver and a cream station located in the new 330 new mar-ro, Gwanak-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City, and a taxi driver and a cream.

Defendant D’s solicitation for returning home to the police officer as above, committed an assault by the police officer, i.e., e., franchising D’s satch and satching D’s satch while taking a serious bath to D, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to witness statements prepared in 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 suspended execution;

1. In light of the Defendant’s attitude to be investigated by the police after committing the instant crime, the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the record of having been sentenced to a fine several times of violence, and the circumstances after committing the instant crime are not good.

그러나 피고인이 이 사건 범행을 반성하는 점, 피고인에게 벌금형을 초과하는 전과가 없는 점, 목격자인 E이 수사기관에서 피고인이 술에 취하였고 우산으로 쿡쿡 경찰관의 가슴을 쳤으나 세게 친 것은 아니라는 취지로 진술한 점, 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기 및 결과, 범행 후의 정황 등 이 사건 변론에 나타난 모든 양형조건을 종합하여 주문과 같은 형을 정한다.