(영문) 서울서부지방법원 2018.05.02 2018고단801

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2018.05.02 2018고단801

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On February 22, 2018, the Defendant’s “not paying alcohol value” in Eunpyeong-gu Seoul Metropolitan Government D around February 21:17, 2018, when receiving a 112 report, was sent to Seoul, and the Defendant heard that he would have paid the alcohol value and returned home from the F in the process of the police box belonging to the Eunpyeong Police Station E box, the Defendant’s “Is the dynae value”.

"To make a bath and use the F's arms three times, and assault the F's arms.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. G statements;

1. Application of statutes governing field CCTV images;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The sentence of Article 62(1) of the Act on the Suspension of Execution is deemed to have been imposed on the defendant for reasons of sentencing under Article 62(1) of the Criminal Act, inasmuch as it is not good in that the defendant was punished for obstructing the performance of official duties two times or more, and in that it used violence to the police officer's solicitation for returning home at the drinking price, and thus, it is not good that the police officer selected a criminal sentence. However, in the course of the police officer's solicitation to make the defendant a return to the drinking price, the police officer's selling of the police officer is not so considerable that the police officer's exercise of tangible power is not substantial, and a person who made the drinking price to pay the drinking price has a defect and led to an offense, the enforcement of the sentence shall be suspended, taking into consideration the favorable circumstances

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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