beta
(영문) 서울북부지방법원 2016.06.10 2016고단1257

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

Around 02:00 on April 4, 2016, the Defendant reported damage to B 112 on the front of the bus stop in Dongdaemun-gu Seoul Dongdaemun-gu 205 (Seoul Metropolitan City Cheongyang-dong) Cheongyang-ro, Seoul, as the Defendant was boarding a business taxi operated by B from the Seocho-gu Seoul, Seocho-gu, and arrived at a destination, but did not leave the taxi and did not pay a charge.

The defendant, who was dispatched to the scene after receiving the report of the above B, was able to use the police patrol box affiliated with the Seoul Eastern Police Station C police box that was sent to the scene so that the police patrol box belonging to the Seoul Eastern Police Station would have broken the defendant and returned home home, and when he took a look at the faces of the face of D with his own bath while doing so.

Accordingly, the police officer's legitimate execution of duties on the handling of 112 reported cases was hindered.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of B’s written laws and regulations;

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. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] There is no basic area (from June to one year and four months) [the person subject to special sentencing] [the decision of sentencing] of the defendant reflects the defendant's wrongness, the defendant's previous conviction relation (it includes a fine of three million won and five times before violence due to the obstruction of the performance of official duties in 2007) and life relation (unborn, unmarried, and undecent support with poor health).