(영문) 서울서부지방법원 2018.03.30 2017고단3773

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.03.30 2017고단3773

공무집행방해

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for assault at the Seoul Western District Court on August 10, 2016, and the judgment became final and conclusive on August 18, 2016, and is currently under suspended sentence.

[2] On October 29, 2017, around 01:10 on October 29, 2017, the Defendant: (a) committed assault, such as: (b) the Defendant, at a singing room located in Eunpyeong-gu Seoul, Eunpyeong-gu Seoul, that “a male customer spawns with things and spawn with eggs”; (c) the police officer affiliated with the Seoul Western Police Station E police box called out after receiving a report 112, soliciting him to return home; (d) the Defendant took a bath for the said F; and (e) was booming his body with his hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Previous conviction: Investigation report (the confirmation of crimes and the same records during the period of probation), sentence, and application of Acts and subordinate statutes of the summary order;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant committed the instant crime during the suspension period of the execution of the crime of assault, and the circumstance that the Defendant led to the instant crime is disadvantageous to the Defendant, or that the Defendant led to confession and reflects, and that the degree of assault is relatively heavy, and the extent of assault is considered favorable, and the punishment is determined as ordered by taking into account the circumstances leading to the instant crime,

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제136조 제1항

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