beta
(영문) 서울동부지방법원 2014.10.08 2014고단2360

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

except that 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 May 17, 2014, at around 05:50 on May 17, 2014, the Defendant: (a) sent to the site after receiving a report of 112 at the top of the E Hotel located in Gangnam-gu Seoul, and confirmed the Defendant’s assault against the Defendant’s I and attempted to arrest the Defendant as a flagrant offender; (b) stated that “I am frien, I am frien, I am to arrest the Defendant,” and assaulted the Defendant’s body, by hand, by tearing G’s working uniform, and pushed down H’s body.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. Application of Acts and subordinate statutes to damaged photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (including the fact that the person is against the truth, that all injured police officers do not want the punishment of the defendant, that they do not have any criminal record of obstruction of performance of official duties, that they do not have any criminal record of suspension of execution