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Reasons
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(영문) 서울중앙지방법원 2014.10.31 2014고단6781
공무집행방해
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A defendant shall be punished by imprisonment for not less than eight 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 August 31, 2014, the Defendant: (a) around 01:00, the Defendant: (b) on August 31, 2014, the Defendant: (c) on the 31st day of the mid-gu Seoul Central Police Station C commander of the Seoul Southern Police Station, who was dispatched after receiving 112 a report, confirmed that the taxi engineer was not drinking, and (d) confirmed that the taxi engineer was not drinking, as the result of the Defendant confirmed that the taxi driver was in a state of drinking with the cooperation of the traffic police officer, the Defendant she sawd D with the sound of the relevant traffic police officer, and frighted D with the walk, and frighted D with the same, and boomed D with D’s left buck and left neck.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of partial police interrogation of the accused;

1. Each police statement of E and D;

1. Application of Acts and subordinate statutes to saws of the arms and face of slope D;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime (the point of obstructing performance of official duties and the choice of imprisonment);

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

1. The reason for sentencing of Article 62-2 of the Social Service Order Criminal Act / [Scope of Recommendation] The case where the degree of violence, intimidation, and deceptive scheme is insignificant in the area of mitigation (one month to eight months) of the area of obstruction of performance of official duties (special mitigation) (the decision of sentence / the decision of sentence / the degree of damage of the case, the degree of damage of the case, and the fact that the defendant has the record of being sentenced to a fine for the same kind of crime, etc. are considered as above

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