beta
(영문) 서울중앙지방법원 2017.04.20 2016고단7738

공무집행방해

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 5, 2016, at the front of the D cafeteria located in Jongno-gu Seoul Metropolitan Government around 22:35, the Defendant: (a) reported 112 that “two persons are in the course of assault,” and sent to the site to the front of the D cafeteria, and intended to arrest a flagrant offender committing assault against G by the guard F for the police box belonging to the Seoul Hyeung Police Station E (Seoul), who was called to the site as the front of the D cafeteria in Jongno-gu Seoul, and called “two persons in the course of assault,” and the Defendant attempted to arrest a flagrant offender committing assault against G.

It is why we should????????????????????

“A sound, as a hand, assaulted F’s arms several times, so far as possible.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to H, F, and I;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to ten months of imprisonment by obstructing the performance of official duties, etc., and committed the instant crime after the completion of the enforcement thereof on December 9, 2013, before the repeated crime period expires, and thus, should be subject to strict punishment.

Provided, That the punishment of a fine shall be imposed in consideration of the fact that a confession of an offense and is divided, and that there is no record of punishment except for this case until the period of repeated offense expires.