beta
(영문) 서울북부지방법원 2016.02.17 2015고단4359

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 The Defendant was sentenced to a fine of five million won on June 5, 2002 by obstructing the performance of official duties in the branch of the Seoul District Court on North Korea on the part of the Defendant, and the records of the same crime are more than once.

【Around November 15, 2015, the Defendant: (a) committed assault, such as assaulting that the police officer F, who was discharged from the Seoul Dobong Police Station E, sent to the site after receiving a report from the said student and was aware of the circumstances of the case, around 00:25, near the “C Hospital” located in Dobong-gu Seoul Metropolitan Government, and caused disturbance to students, including D, and the police officers, who were discharged from the Seoul Dobong Police Station E, who had dealt with other cases at the place where the said student was faced with, and was informed of the circumstances of the case. The Defendant: (b) was aware of the instant case; (c) was f; (d) was hicking the instant student while taking the bath for the instant student; (d) was f’s face; and (e) was f was hicking the f’s clothes loaded on the f’s upper part, and was skeing the chest to the extent that the f’s upper part.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each statement of D, G and H;

1. Application of the Acts and subordinate statutes to photographs of booms, which are removed;

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. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for sentencing [the scope of recommendation] of Article 62-2 of the Act on the Protection and observation of Protection and the Order of Community Service [the scope of punishment] shall be the basic area (from June to April) of the sentence and the scope of comparative sentence between the sentence and the recommended sentence: the crime of obstructing the performance of public service was committed in June to one year [the sentence] from June to April, and the crime of obstructing the performance of public service was committed detrimental to the State's function by nullifyinging legitimate exercise of public authority, and thus, it is necessary to strictly punish the defendant in order to establish a legal order and eradicate the light of public authority. The defendant is not less vulnerable to the defendant's responsibility, considering the fact that the same criminal history had already been two times or more times and that there are many violent force