logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.01.22 2019고단5698
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 October 19, 2019, at around 19:33, the Defendant: (a) received 112 report from the Defendant’s resident C building D of Guro-gu Seoul Metropolitan Government, stating that “I do not leave home and have returned to home”; and (b) transferred F to her resident in the neighboring wife, the Defendant considered the above F’s handling of the instant case to be unfaithful; and (c) filed complaints.

From 20:12 to 21:31 on the same day, the Defendant repeated 112 reports totaling 19 times, including the following: (a) around 21:41 on the same day; and (b) at around 21:41 on the same day, the Defendant sent to the above F, who received the above 112 report and called “I am going to know how I would become a police officer or not,” and takes the face of the said F at one time on the hand floor; (c) in order to warn the Defendant that the said F would be likely to interfere with the performance of official duties; and (d) in order to warn the Defendant and return the said F, the Defendant gets off the elevator’s face at one time; and (d) the Defendant gets off the elevator’s face at the end of the elevator close with the above F; and (e) made the said F to take off the elevator with the first floor up to the first floor of the F and the first floor of the said F.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (related to attachment of the results of handling the 112 Reporting Case), investigation report (Preparation and reporting in the record);

1. Application of video CD-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. Circumstances unfavorable to the sentencing of Article 62(1) of the Criminal Act: The crimes of obstruction of the performance of official duties are crimes that interfere with the legitimate exercise of public authority and thus undermine the function of the State, and the degree of violence and obstruction of the performance of official duties is serious, and damage is serious.

arrow