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(영문) 서울서부지방법원 2015.10.29 2015고단2246
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal Force] On September 8, 2015, the Defendant was sentenced to a suspended sentence of two years for the purpose of obstruction of performance of official duties at the Seoul Western District Court on the 15th day of the same month, and the said judgment became final and conclusive.

【Criminal Facts】

On April 19, 2015, the Defendant: (a) around 19:50 on April 19, 2015, within the main point of “D” located in “D”; (b) on the part of “D”, the Defendant was arrested as a flagrant offender of the assault case while investigating the circumstances of the instant case by reporting that the Defendant continued to take back G, who was born at the E-district of the Silung Police Station E-gu, the Defendant sent back one copy of the right bridge direction of “F,” and f was broken off at one time.

As a result, the Defendant interfered with the legitimate execution of duties regarding the handling of the 112 Report Report Case F, who is a police official, and at the same time, was injured by the number of days of treatment by getting the victim F (the age of 43) off and getting out of the right bridge.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. Photographs of the upper part of the body;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records, written judgments and investigation reports (report on previous records and results of confirmation of dispositions);

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration, such as where the defendant reflects his mistake and is judged simultaneously with the first head of his judgment);

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