(영문) 서울동부지방법원 2017.03.23 2016고단4426

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(영문) 서울동부지방법원 2017.03.23 2016고단4426

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around 23:50 on December 18, 2016, the Defendant called up on the street B of Songpa-gu Seoul, with 112 a report to the effect that “Any young guest who walds a taxi driver,” and expressed that “the police officer affiliated with the police officer of the Seoul Song-gu Police Station C District shall see the circumstances of the instant case,” who was taking care of “Is, sweet, sweet, sweet, sweet, sweick,” and sweeted the cigarette sweet on his hand to the above D, and sweed down on the right side of the said D, and obstructed the police officer’s legitimate performance of duties concerning the handling of the reported case, by assaulting the above D’s swekes twice with his left hand, thereby obstructing the police officer’s performance of duties.

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 of E;

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is insignificant in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), which is minor in the examination of the sentencing criteria (the scope of a recommended punishment).

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of the sentence and other conditions of sentencing recorded in the records.

The necessity of punishment is high as a crime that undermines the function of the state or public institution, and the defendant is in depth against the defendant.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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