(영문) 서울동부지방법원 2019.03.25 2018고단4031

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자간(%)

(영문) 서울동부지방법원 2019.03.25 2018고단4031

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On September 26, 2018, at around 21:33, the Defendant expressed that “A dispute may arise in front of the other restaurant in Gangdong-gu Seoul Metropolitan Government,” which was reported by 112, “Accompons E (the age of 30) belonging to the D District of the Seoul Gangseo Police Station D District of the Seoul Gangseo-gu Police Station, which called “I will am son, who is a police officer, or who is a police officer,” and warn the Defendant that E may be punished for the obstruction of the performance of official duties, the Defendant expressed that “I will interfere with the performance of official duties, who is a police officer or who is a police officer,” and assaulted E’s chest on one occasion by head.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties and coercion of duties [Special Convicts] - mitigated elements: In cases where the degree of violence, intimidation and deception is minor, [the scope of the recommended area and the recommended punishment] mitigation area, there is no person who has been sentenced to imprisonment with labor for one to eight months [the reasons for suspension of execution] [the reasons for suspension of execution] - In cases where the degree of violence, intimidation and deceptive scheme is minor, the reason for suspension of execution is minor - there are no criminal records of serious reflectness or sentence of suspension of execution or more.

3. Determination of sentence: Imprisonment with prison labor for four months and one year of suspended sentence; and

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

유사 판례

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