(영문) 서울북부지방법원 2019.10.17 2019고단2558

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크기(pt)

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자간(%)

(영문) 서울북부지방법원 2019.10.17 2019고단2558

공무집행방해

Text

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

Criminal facts

On May 13, 2019, at around 03:25, the Defendant reported at the main point located in Seongbuk-gu Seoul Metropolitan Government, and was found to have received a report during the vision due to the default of a fine by the police officer, and went to the Seoul Sejong Cancer Police Station C police box. On May 13, 2019, at around 04:25 of the same day, D, a police officer affiliated with the above police box, demanded to affix a seal to the confirmation letter following the arrest of the unpaid person, and assaulted the head of the police officer at one time by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning criminal investigations and the management of prisoners.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (investigation into reported cases) and a list of reported cases processing;

1. A fine, receipt of a fine, arrest report, written confirmation, and warrant of execution;

1. Application of CCTV-related Acts and subordinate statutes;

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

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

1. Probation and community service order order together with probation and community service order order to prevent recidivism in consideration of the fact that a police officer in the course of performing his/her official duties on the justifiable grounds of sentencing under Article 62-2 of the Criminal Act is a crime committed by assaulting a police officer, but the defendant appears to have committed a crime and to reflect his/her wrongness. However, considering the degree of obstruction of performance of official duties, the execution of a sentence is suspended only once considering the degree of obstruction of performance of official duties, and the punishment has been imposed several times due to violence crimes

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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