logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.06.16 2020고단2271
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 1, 2020: (a) around 02:10, the Defendant disputed the issue of taxi fee between C and C, a taxi engineer, in front of the building located in Gwanak-gu, Seoul Special Metropolitan City; (b) reported the above C to 112; and (c) filed a complaint with the superintendent of the police station affiliated with the police station affiliated with the Seoul Gwanak-gu Police Station D police station, Seoul, which called “any fact that he received from a taxi engineer is changed; (d) written his cell phone; and (e) responded to this, the Defendant respondeded to the demand that the above E keep the front door of the patrol from blocking the passage of the patrol vehicle in his body to prevent the said E from getting out of the scene; and (e) interfered with the said E body.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigative reports (investigation into a flamp, and confirmation of screen pictures taken by police officers);

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

1. Article 62 (1) of the Criminal Act;

1. A favorable circumstance is that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the defendant confessions all of the crimes and reflects the crimes, and that the violence committed to the police officer does not seem to be significantly serious.

However, the defendant received 112 reports and used violence to police officers called out without justifiable reasons, and the nature of such crime is not good.

On November 27, 2015, the Defendant was punished by a fine of KRW 5 million by obstruction of performance of official duties, etc. by the Ulsan District Court.

Furthermore, the damaged police officers did not receive any tolerance from the police officers.

The punishment as ordered shall be determined in consideration of the following circumstances, such as the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and the circumstances after the crime.

arrow