(영문) 서울서부지방법원 2018.01.10 2017고단2816

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(영문) 서울서부지방법원 2018.01.10 2017고단2816

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around 10:25 on July 24, 2017, the Defendant was under the influence of alcohol in front of Mapo-gu Seoul, Seoul, on the ground that the Defendant was under the influence of alcohol on the ground that he was under the 112 report and received a request for returning home from D by a police officer D belonging to Mapo Police Station C, a police officer assigned to the Mapo Police Station C, called “a man is under the influence of alcohol.” On the ground that he was under the demand for returning home from the police officer D, who was sent to the Defendant, was unbured, he displayed several times to the police officer’s face by cutting down the shoulder belt worn by the Defendant, and was flabing the police officer’s face by hand, as he was under the influence of the police officer’s face.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on mobile phone images;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62(1) of the Act on the Suspension of Execution provides that a police officer who solicits the defendant to return to Korea on the ground that he/she had a record of being punished for the same kind of crime, and that he/she would not be subject to criminal punishment in that he/she uses violence against the police officer who solicits him/her to return to Korea on the ground that he/she had breaddd and she

Therefore, it is necessary to select the imprisonment with prison labor, and the execution of the imprisonment with prison labor shall be suspended in consideration of the fact that the defendant has no record of punishment in excess of the fine and that the health of the Grade 6 of visual disability

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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