(영문) 서울중앙지방법원 2020.09.16 2020고단3489

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(영문) 서울중앙지방법원 2020.09.16 2020고단3489

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 May 15, 2020, at around 00:55, the Defendant voluntarily moved from the Seoul Western Police Station C District District located in Gangnam-gu Seoul, Seoul to the case of violence, and then taken the image of the other party being investigated into a mobile phone, and the other party was removed from the background D belonging to the said district, and the Defendant took the face of the said police officer one time by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of the people's lives, bodies and property, prevention, suppression, investigation, etc. of the above police officers.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. Application of the CCTV photograph Acts and subordinate statutes to investigation reports (CCTV image);

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. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service and attending lectures;

1. The scope of recommendations according to the sentencing guidelines [decision of types] the obstruction of the performance of official duties (category 1] and there is no person who has a special penalty] for the obstruction of the performance of official duties (the scope of recommendations and recommendations] (the scope of recommendations and recommendations), basic area, and six months to one year and six months;

2. The accused who has been sentenced to a fine twice for an violent crime shall have the career of being sentenced to a fine;

However, the defendant recognizes his mistake.

The injured police officer sent the intention of apology to the police officer.

In addition, the punishment as ordered shall be determined in consideration of the defendant's age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime was committed, and all the conditions of the punishment specified in the pleading.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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