beta
(영문) 서울북부지방법원 2015.11.05 2015고단2277

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight 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 19, 2015, at around 00:15, the Defendant expressed a bath to the taxi engineer that “the taxi fee was paid, but the flachi fe, which would have been cut off by dynasium,” as a matter of the article and destination of the taxi that the Defendant was on the street in front of the Gangseo-gu Seoul Metropolitan Government.

Upon receipt of the report 112, the Defendant expressed a desire to “Syp impe, I am out of the police officer, who is a police officer belonging to the Seoul Gangseo Police Station D District D District D District D District D (50 years of age), and “Syp impe, I am out of house,” who was solicited to return home from the same police officer F (42 years of age).” On the other hand, the Defendant took dangerous actions to mar his/her own vehicular road, and prevented the above E from doing so for

그러자 피고인은 그곳에 주차된 서울강북경찰서 순찰차25호의 앞 번호판을 발로 걷어차고, 양손으로 위 E의 가슴을 밀치면서 위 E에게 양 주먹을 휘두르고, 계속하여 또 다시 차도 위로 뛰어드는 위험한 행동을 하여 위 F이 이를 제지하자 위 F에게 양 주먹을 휘두르고 발로 위 F의 정강이를 걷어찼다.

Accordingly, the defendant assaulted police officers E and F, thereby obstructing police officers' legitimate execution of their duties concerning handling of 112 reported cases, protecting people's lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

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

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be limited to the case where there are many public officials who have suffered damage in the aggravated area (one year to four years of imprisonment] of the obstruction of performance of official duties.

3. Determination of sentence causes the Defendant to commit the instant crime.