logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.07.21 2017고단1284
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

[Criminal record] On May 10, 2017, the Defendant was sentenced to a suspended sentence of two years for eight months in Seoul Southern District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes ( drivers' assault, etc.). The above judgment became final and conclusive on May 18, 2017.

[2] On April 21, 2017, the Defendant, at around 22:35, brought a dispute with a taxi engineer, charge, etc. on the road in the direction of the 100 public morals-based Mapo-gu, Mapo-gu, Seoul, which was reported and sent to the site by the Defendant. However, the Defendant, upon receiving the 112 report, sent to the site, “I do not immediately know about daily treatment” to the slope D belonging to the Seoul Mapo Police Station C branch, which was called to the site, “I do not immediately leave. I want to stop the chief door of the patrol and stop him/her from going home, and even if D requested him/her to return home on several occasions, I would like to see D’s point and sweet the arms, and then die immediately with the same.”

피고인은 계속하여 같은 날 23:17 경 서울 마포구 E에 있는 서울 마포 경찰서 C 지구대에서 바닥에 침을 뱉고, D이 이를 제지하자 오른발로 D의 왼쪽 종아리를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An investigation report (to hear statements by Mapo Police Station C Assistant D Telephone);

1. Other closure photographs of each image;

1. Previous convictions in judgment: Application of investigation reports (verification of the suspension of execution of a suspect and attachment of the relevant written judgment);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspension of execution (The confession, reflectivity, background of crimes, record of crimes, etc.);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

arrow