beta
(영문) 서울남부지방법원 2016.08.17 2016고단2635

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 April 17, 2016, at the front of Gangseo-gu Seoul Metropolitan Government, the Defendant obstructed the performance of official duties: (a) was at the front of the Gangseo-gu, Gangseo-gu, Seoul; (b) was at the front of the vehicle that he operated by the Gangseo-gu, Seoul; (c) was at the seat of the police station C District of the police station, in order to stop with the vehicle without a safety bell and to issue a penalty poster; (d) the Defendant’s failure to comply with it; and (e) was obvious to shock the said D, which was on the front of the driver’s seat by moving the vehicle; and (e) the head of the police station affiliated with the said district

As a result, the defendant interfered with legitimate execution of duties concerning the traffic control of police officers and the prevention of traffic hazards.

2. The Defendant, at the time, at the place, and at the place, as indicated in paragraph 1, insulting the victim D, who is a police official, “frib frib frib frib frib frib frib fri

The victim openly insultingd the victim by openly crypting him.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and D;

1. Article 136 (1) and Article 311 of the Criminal Act, the choice of imprisonment with prison labor, and the choice of punishment for the 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;

(a) First-Class 1 (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (Obstruction of Execution of Official Duties and Forced Performance of Duties) is the basic area (six months to one year and four months), and there is no special mitigation of official duties;

(b) Class 2 (Modity) - Setting of sentencing criteria;

(c) The scope of final sentencing due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than six months (the lower limit on the sentencing criteria shall be observed since the concurrent offenses are committed with crimes for which the sentencing criteria have not been set);

2. Circumstances unfavorable to the decision of sentence: The above circumstances and the defendant have committed a crime, such as assaulting a police officer on official duty, which is less complicated, which is advantageous to the fact that there is no agreement with the victims: the crime in this case is committed, the degree of damage is not excessive, and criminal charges against the victims are deposited.