logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.20 2017고단848
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

Punishment of the crime

On January 27, 2017, at around 23:30, the Defendant, at around 23:30, she was fluencing “D’s restaurant located in Gangnam-gu Seoul, and was flucing a dispute, and was flucing out of F, who was dispatched after receiving 112 a report, she was under the control of the police box belonging to the Gangnam-gu Seoul Southern Police Station Epic Station, and told the Defendant of her f, who was flacing the f’s flab, and flacing the f’s flab, which was flacing, on the ground of plastic contact on the f, which was on the flacing.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of G and F;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the Defendant and defense counsel’s assertion under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection and Observation, etc. of Social Service Orders

1. The police officer’s act, which unilaterally tried to suppress the defendant of the victimized person, cannot be said to be a lawful performance of duty.

On the other hand, although the defendant was involved in the police, it is merely passive resistance of police officers to the above illegal exercise of force.

2. According to the evidence duly adopted and examined by this court, ① at the time of arrival of police officers at the site, the Defendant and the Defendant’s shape H were in the state of blood wing one another, and they were in the state of being wing back on the restaurant floor. ② The police officers used violence against the Defendant and H, and the Defendant tried to price H at the same time when the police officers wanted to stop H.

arrow