beta
(영문) 서울중앙지방법원 2015.11.30 2015고단6399

공무집행방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 21, 2015, the Defendant ordered food at the “Ccafeteria” located in Jongno-gu Seoul Metropolitan Government on October 21:20, 2015, and then avoided the disturbance without paying the payment for drinking, and requested the police officer to pay and leave the 112 report and to present his identification card to the Defendant who does not comply with the request by the police officer affiliated with the Do box called “this opening, ageing, farcing,” and assaulted the Defendant, such as “this opening, ageing, farcing,” and farcing the drinking part of the said E’s refining.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, the sentence is determined as ordered.

Unfavorable circumstances: The degree of the use of violence against the police officer is not easy.

On February 2, 2015, the crime of this case was committed without being committed even though one year of suspended sentence was sentenced to two years of suspended sentence, due to the establishment of a gambling place around February 2015.

A favorable circumstances: There shall be no criminal records of the same kind.

The mistake is seriously against it.

If the sentence is imposed on the defendant, the sentence of the above suspension of execution should be invalidated and the sentence should be imposed together, and it seems somewhat harsh.