(영문) 서울남부지방법원 2014.09.04 2014고단2563

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(영문) 서울남부지방법원 2014.09.04 2014고단2563

공무집행방해

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around 00:05 on June 6, 2014, the Defendant, while under the influence of alcohol, was punished for trial expenses as a matter of his name and parking in the parking lot near the Yangcheon-gu Seoul Metropolitan Government. On this occasion, the Defendant expressed that he was urged to return home from the D Zone E, the circumstances belonging to the D Zone E, the police officer, who was dispatched to the site after receiving a report of 112 as a disturbance, and who was urged to return home from the police officer, and the Defendant: (a) “I am out of the night, meed, meed, me meed, meed, meed, meed, me meed, fated, fated with E’s chest; (b) the Defendant was arrested as a suspect suspected of obstruction of the performance of official duties; (c) was arrested as a flagrant act of the same day at around 00:30 on the same day; and (d) the Defendant committed assault against the F knee me.

Accordingly, the defendant interfered with the police officer's 112 report processing and arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. The relevant provision of the criminal facts, Article 136(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of sentence for sentencing of imprisonment [the scope of recommendation] / The obstruction of performance of official duties shall be sentenced to the punishment of the defendant on the ground that he/she repeatedly commits a crime not concurrent crimes (the person under special jurisdiction] / she has been sentenced to a fine for perjury during the suspension of execution due to a crime of violating the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective action, a deadly weapon, etc.) and committed the crime of this case during the suspension of execution.

On the other hand, considering the fact that the defendant recognizes and reflects the crime, various sentencing factors in the records, such as the defendant's age, health status, character and conduct, environment, and circumstances before and after the crime, the punishment as ordered shall be determined within the scope of the recommended sentence.

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제136조 제1항

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