beta
(영문) 서울서부지방법원 2014.10.30 2014고단2516

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 5, 2014, the Defendant: (a) around 02:00, at the Yongsan-gu Seoul Metropolitan Government on September 5, 2014, received a report from 112 that a person under the influence of alcohol on a taxi in which he is a customer and obstructed his business; (b) the head of the police station affiliated with the Seoul Yongsan Police Station C District, which called the Defendant to go to another taxi, and obstructed a police official’s legitimate performance of duties concerning the handling of the reported case, i.e., “a bitch bit of a bitch, bitch of a bitch of a bitch, var, vara, and Chewing bitch.”

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of F’s written Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act (see, e.g., circumstances to be considered as the reasons for sentencing) [the scope of recommendation] that there is no basic area (six to one year and four months), the basic area (six to one year and four months), [the special person] [the decision of sentence] sentencing for the Defendant’s crime of this case. The sentencing criteria for the Defendant are as above.

In light of the fact that the defendant has been punished for obstruction of performance of official duties, and that it is not good to commit the instant crime that obstructs the performance of official duties by assaulting a police officer who wears his uniform without any justifiable reason under the influence of alcohol, imprisonment shall be selected; however, considering the various circumstances, such as the defendant's age, character and conduct, environment, etc., including the fact that the defendant reflects his mistake, the execution of imprisonment shall be suspended only once, and the sentence shall be determined as per the order.