beta
(영문) 서울동부지방법원 2019.06.24 2019고단603

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for three months.

Reasons

Punishment of the crime

On February 22, 2019, the Defendant: (a) in front of Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around 19:35, and (b) requested a police officer assigned to the Seoul Mine Police Station C District to return home from the site after receiving a report of 112, the Defendant used the above D’s face part of the above D’s face once a week, and assaulted D by walking the bucks of the above D’s bucks.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (Analysis of violence images);

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article 136(1) of the Criminal Act regarding criminal facts, Article 136(1) of the Criminal Act regarding the selection of punishment, and the reason for sentencing of imprisonment with prison labor is not that that of the crime in this case.

After the instant case, the Defendant was sentenced to imprisonment with prison labor for up to six months for committing a crime of special destruction and damage, and is now pending in the appellate court (Seoul Southern District Court 2019No798 case).

On the other hand, there are brain cerebriform and hearing impairment (class 3 or 4) that the defendant's mistake is recognized, and such disorder seems to have affected the occurrence of the crime, and there are no particular punishment records for the last 15 years or more, and other circumstances shown in the records and arguments, including the defendant's age, character and conduct, environment, and circumstances after the crime, etc., shall be determined as ordered by the order.