beta
(영문) 서울동부지방법원 2017.11.16 2017고단2770

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 June 4, 2017, around 20:15, the Defendant, at the subway station located in Songpa-gu Seoul Metropolitan Government, requested a victim E (22 years old) who is social service personnel, to use wheelchairs to the place where he/she goes on for himself/herself due to the inconvenience of walking. However, the victim refused it on the ground that “it is possible to provide wheelchairs services only within a history,” and the victim refused it, thereby complying with the victim’s right direction.

Accordingly, the defendant assaulted the victim.

2. The Defendant interfered with the performance of official duties, on the grounds that the slope G belonging to the F District District of Seoul Song Police Station, which was called out after receiving a report that there was a vision between the Defendant and E at the time and the place specified in paragraph (1), does not easily see the Defendant’s horse while checking the circumstances of the case against the Defendant, E, etc.

G The said table was suitable for the chests of G.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on police statements made to E, H and G;

1. The punishment provided for in Article 136(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for not less than two crimes;

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. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 62 (1)