beta
(영문) 서울서부지방법원 2014.11.27 2014고단2791

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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 October 4, 2014, at around 20:35, the Defendant continued to engage in time expenses, such as: (a) the Defendant, at the front of Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government (hereinafter “Seoul Yongsan-gu Police Station C police box”)’s slope D, who was called out after having received the report of 112 of Sivic, as a contact accident, to check the details of the accident; and (b) talked that he would receive insurance after confirming the accident; and (c) indicating that he would have the face of the wall “doed .. Do. Do.

Therefore, as the Gyeong shows the situation of the mobile phone site and restrain the defendant's behavior, the Gyeong-gu Ha tried to get off the mobile phone, "Woo-to-kickt ..............., in his hand, E's face is 2 times more, and the body was pushed off and interfered with the police officer's legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement of E;

1. A written statement of F and G;

1. The CD;

1. Application of the photographic 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 there are three criminal records of a fine due to injury, etc. to the defendant, and that the defendant's face of a police officer who wears a uniform without any justifiable reason under the influence of alcohol is not good to commit the crime of this case that interferes with his/her performance of official duties, imprisonment shall be selected, but the defendant's age, character, and environment, including the fact that he/she reflects his/her mistake in depth, and that he/she seems to have committed the crime of this case under the influence of alcohol without considerable damage to police officers, and that he/she is likely to commit the