beta
(영문) 서울중앙지방법원 2016.06.03 2016고단2363

공무집행방해등

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 March 23, 2016, at around 01:00, the Defendant obstructed the victim’s business by force over approximately 30 minutes, including: (a) at the “D” store operated by the victim C located in Gwanak-gu, Seoul Special Metropolitan City; (b) whether the victim was diving and drunk with the customer; and (c) when the victim demanded a shoulder and calculation, the Defendant obstructed the victim’s business by force.

2. The Defendant, at around 01:25 on the same day as the preceding paragraph, arrested a flagrant offender by F of the police station E District of the Seoul Gwanak Police Station, who was under suspicion of interference with the above duties, and was transferred to the office of criminal duty in the above police station around 03:36 on the same day, and was in preparation of the suspect examination protocol by G by G by the police officer G, without any reason, used the public computer monitors on his/her book, such as “finite finite, finite, finite, finite, and finite.”

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on night duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and G;

1. A written statement in C and I;

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 the crime No. 1 (Obstruction of the Execution of Official Duties) is limited to the scope of the recommended punishment according to the sentencing guidelines, and the crime No. 2 (Obstruction of Duties) is limited to the mitigated area (one month to eight months), which has no basic area (six months to one year and four months), [the scope of the recommended punishment], and the mitigated area (one month to eight months), [the scope of the recommended punishment] (a person who has been specially mitigated] is not punished (a person who interferes with the performance of official duties).