beta
(영문) 서울남부지방법원 2017.07.19 2017고단2301

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

1. Around 23:00 on May 9, 2017, the Defendant committed an assault against the victim, on the front side of the Yongsan-gu Seoul Dongdaemun-gu Home Sticker, Dongdaemun-gu, Seoul, when boarding a cab operated by the victim B, and driving ahead of the D-ro, Yeongdeungpo-gu, Seoul, Seoul. On the ground that the victim did not properly set up his/her cover distance, the Defendant took a bath, such as “the victim’s wres to sing down the opening wres,” and carried out the victim’s face on his/her hand on the ground that he/she did not properly set up his/her cover.

2. On May 10, 2017, at the front of Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant: (a) committed assault against B, a taxi engineer, as set forth in paragraph (1) on the front of the street; (b) on the 112 reporting that “A taxi engineer and his/her customers sent to the scene”, the Defendant was removed from the police officer of the Seoul Young-gu Police Station E District, Young-gu, Seoul, who was called to the site, and turned down f’s chest and arms on his/her hand, and was laid off to F.

When the Defendant was arrested as a current criminal by a police officer called up, such as F, who was trying to keep the Defendant reported to B, the Defendant “F Chewing sark of the police officer.”

While carrying out the bath theory, “,” etc., assaulted F’s bridge on the floor by walking at several times.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning criminal investigations such as the maintenance of order such as handling of 112 reported cases by police officers and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the respective Acts and subordinate statutes in B;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Imprisonment with prison labor for choice of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act provides that the defendant's liability for the reason of sentencing is not less than that of sentencing, but is against the crime, and is subject to criminal punishment other than fine.