logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.06.16 2017고단176
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

Criminal facts

On December 24, 2016, around 14:48 on December 24, 2016, the Defendant was assaulted against female customers at the clothing store located in Yangcheon-gu Seoul Metropolitan Government C.

“A police officer, who received a report from his employee 112, listens to the words “to speak from E, the police officer affiliated with the Seoul Yangcheon Police Station D police station, to avoid disturbance within the place of business, and to talk,” who is the police officer of the Seoul Yangcheon Police Station.

In accordance with Paragraph 1, the Defendant committed assault, by hand, on his hand, on the part of the above E, by continuously keeping the said E’s chest back from the burial, by hand the said E’s face, which is a police officer assigned to the said police box that restrains the above E’s face, by hand.

As a result, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of G and F;

1. Application of CCTV Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who has committed a crime with heavier punishment for obstructing the performance of official duties against E);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines (the crime of obstructing the execution of each of the official duties in this case is in a mutually competitive relationship; while the sentencing guidelines did not present a separate method for dealing with the ordinary concurrent crimes, it is necessary to refer the sentencing guidelines to the case of the ordinary concurrent crimes. Therefore, the sentencing guidelines for the crime of causing more severe concurrent crimes are examined in reference to the sentencing guidelines for the crime of obstructing the performance of official duties in relation to E) / [the scope of the recommended punishment] The basic area (6 months to 1 year and 4 months) of the basic area (the person who is subject to special sentencing) of the Act on the Obstruction of the Performance of Official Duties (the scope of the recommended punishment]

2. The police officer who has been damaged by the instant crime of this case, who was sentenced to sentence;

arrow