beta
(영문) 서울동부지방법원 2014.07.03 2014고단858

공무집행방해등

Text

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

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

[Criminal Power] On November 14, 2013, the Defendant was sentenced to four months of imprisonment due to an injury, etc. at the Seoul Central District Court, and completed the execution of the sentence on January 25, 2014.

Around 07:40 on April 8, 2014, the Defendant expressed that “F, a police officer affiliated with the Defendant, who was arrested and waiting for the victim E to commit a criminal act by assaulting the victim E” at the Songpa-gu Seoul Seoul Seoul Seoul Seoul Metropolitan Office D District D District, and that “F,” who was a police officer affiliated with the Defendant, expressed that “F, is fright of green feas, dead,” was bread by his hand, and committed assault, such as her buck

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to the patrol situation and maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports (the confirmation report on the date of release of a suspect);

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

1. The reason for the sentencing of Article 35 of the Criminal Act among repeated offenders [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of the performance of official duties (the decision of sentence] of the basic area (6 to 1 year and 4 months) of the Act on the Performance of Official Duties (the decision of sentence] The crime of this case is a crime that obstructs the performance of official duties in consideration of the police officer's booms in the situation where the defendant was arrested as a crime of assault, and it is not good that the crime is committed; the defendant was punished as a punishment or a fine due to the crime of violence, etc. over several times in the past and has long been sentenced to a punishment due to the same crime; the defendant committed the crime of this case during the period of repeated crime after the completion of the sentence due to the criminal facts in the judgment of the court below;

On the other hand, the fact that the defendant recognized the crimes and divided them are favorable to the defendant.

In addition, the sentencing conditions shown in the records, such as character, environment, family relationship, occupation, etc., are considered as the order.