(영문) 서울남부지방법원 2018.05.16 2017고단6364

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줄 간격

자간(%)

(영문) 서울남부지방법원 2018.05.16 2017고단6364

공무집행방해등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

(e).

Reasons

Punishment of the crime

On October 11, 2017, at around 00:07, the Defendant reported that he was unable to take a bus at the bus stops located in Gangseo-gu Seoul, Gangseo-gu, Gangseo-gu, Seoul, 262 (Thodong), and 112, prior to the bus stops in front of the exit-gu, the Defendant: (a) recommended the Defendant to return home; (b) the Defendant was forced to go home, and (c) the Defendant was forced to go scke worn by the said patrolman, and (d) the part of the face of the Defendant’s knife at the same time.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reports and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to D and C;

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

1. The part dismissing the prosecution under Article 62(1) of the Criminal Act (including the fact that the defendant has no history of criminal punishment, the social ties of the defendant is relatively obvious, the degree of violence is not serious, the defendant does not want the punishment of the defendant by mutual consent with the damaged public official, and the defendant reflects the defendant)

1. The summary of the facts charged is as follows: (a) the Defendant, at the time and place indicated in the judgment; (b) the police box B of Seoul Gangseo Police Station B, who was affiliated with the Seoul Gangseo Police Station B police box, took a bath to the victim C, stating that “the wres of the camping wres” is “the victim

2. Of the facts charged in the instant case, the insult part is an offense falling under Article 311 of the Criminal Act and may be prosecuted only when the victim files a complaint under Article 312(1) of the Criminal Act.

According to the record of reference materials, the victim C of insult expressed his/her intention to revoke the complaint to the prosecution on November 1, 2017, which was before the prosecution of this case was instituted, by mutual consent with the defendant around October 27, 2017.

If so, this part of the indictment procedure is legal.

참조조문

유사 판례

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