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(영문) 서울서부지방법원 2018.06.19 2018고단878
공무집행방해
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 18:20 on February 28, 2018, the Defendant: “Around 118:20, the Defendant was urged to return home from F to a police officer, who was called out after receiving a report of 112, to return home.” The Defendant interfered with the Defendant’s legitimate execution of duties regarding the handling of a police officer’s 112 report, on the following grounds: “F’s knife with his/her hand floor while taking a bath to the Defendant, and the Defendant continued to control the Defendant at one time.”

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. Investigation report (CCTV investigation);

1. Application of Acts and subordinate statutes to photographs of victims;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (no person in special sentencing) shall interfere with the performance of public duties;

2. The Defendant, even before committing the instant crime, committed the instant crime, even though he/she had been punished six times or more by a fine by assault, driver, etc., and committed the instant crime. The instant crime was committed by a police officer in the course of performing his/her duties when he/she was under the influence of alcohol and reported that he/she was frighting three times, and the degree of the assault was not weak and repeated, which is against the Defendant’s disadvantage, such as that the Defendant committed the instant crime, and that it is against the Defendant’s age, sex, family relationship, living environment, means and result of the instant crime.

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