beta
(영문) 서울동부지방법원 2015.02.12 2014고단3775

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 November 13, 2014, at around 01:14, the Defendant responded to the demand of F for the non-examination of the circumstances belonging to the Seoul Sungdong Police Station E zone, which called “I am going to go to the front of the gas station.” On the front of the gas station located in Seongdong-gu Seoul, Seongdong-gu, Seoul, with the report of 112, the Defendant attempted to open a back door of the patrol and to go to the said F, and tried to go to go to the said F, with his chest’s chest on his hand, and assaulted the said F one time with the left hand.

Accordingly, the defendant interfered with the execution of legitimate duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to output field photographs, on-site CCTV data, and photographs;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. The reason for sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Where the degree of violence, intimidation, and deceptive scheme is insignificant in the area of mitigation [Special Mitigation] of Grade I (Obstruction of Performance of Duties and Compelling of Duties] (Article 62(1) of the Criminal Act (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the same Act (Article 62(1) of the same Act (Article 62(1) of the Act on the Suspension

However, according to the defendant's name, in the process of late attendance due to an influence, it leads to contingent crimes, the degree of violence is not very serious, and the defendant has no special criminal power.

Other circumstances that form the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background leading up to the criminal defendant, the age, character and conduct, environment, motive and circumstances of the criminal act, the result of the criminal act, and the circumstances after the criminal act, etc.