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(영문) 서울서부지방법원 2014.05.20 2014고단762

공무집행방해

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 13, 2014, at around 03:15, the Defendant: (a) took a bath to the police officer, who was on duty at the above police box, in the Seoul Western Police Station D police box located in Seodaemun-gu Seoul, Seoul, for the reason that he issued a notice for the payment of a penalty due to a non-fluence vehicle on the ground that E, a police officer who was on duty at the above police box, was issued a notice for the payment of a penalty due to a non-fluence vehicle; and (b) assaulted on the floor of E, for the reason that he/she was at the time when he/she met both sons of E, a police officer

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement of E;

1. Photographs of damaged police officers;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] No person who has no basic area (six months to one year and four months) of the obstruction of performance of official duties / [decision of sentence] The defendant has been sentenced to a fine for obstruction of performance of official duties such as the instant crime, two times of a fine for obstruction of performance of official duties, one time of a suspended sentence of imprisonment, and one time of a suspended sentence of imprisonment. In addition, the crime of this case is not good in that the police officer who performs official duties again committed the instant crime.

However, on the other hand, the defendant has no record of criminal punishment since 2008, and the crime of this case was committed contingently, and the police officer did not have any significant result, such as inflicting bodily injury, and the defendant seems to seriously reflect his/her mistake, etc., and the execution of imprisonment is suspended under the condition of community service, and the sentence is determined as ordered.