logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.07.21 2016고단2547
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 29, 2016, from around 22:57 to 23:10 on the same day, the Defendant lost KRW 880,00 when he/she performed a game and exchanged in the PC room B in front of Suwon-si, Suwon-si.

“A police box of the Suwon Police Station C, dispatched upon receipt of a report 112, was sent to the police station D and E to the police officer assigned to the police station of the Suwon Police Station: “A police station of the Suwon Police Station” refers to the police officer assigned to the police station, and was boarding the patrol vehicle at the back seat of the patrol vehicle.

The Defendant: (a) pushed the chest of the above E with the finger hand; (b) continuously towed the arms of the above E; (c) took the front of the patrol vehicle; (d) took a bath to the above D and E; (c) pushed the chest of the above D with his hand; (d) pushed the chest of the above E with his hand; and (e) took the chest of the above E with his hand; and (e) assaulted the Defendant, such as walking the parts of the said E’s mouth.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment imposed on a person who has committed a crime with heavier punishment for obstructing the performance of official duties against E);

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Application of the sentencing criteria [Scope of the recommended punishment] The basic area (from June to one year and four months) (no person in special sentencing) shall interfere with the performance of official duties;

2. In light of the content and method of the instant crime, etc. of which sentence is determined, the nature of the crime is inferior, and the fact that the Defendant had been punished for the same kind of crime on 191 is disadvantageous to the Defendant.

However, considering the fact that the defendant's mistake is divided and reflected, it is ordered as ordered by comprehensively considering the defendant's age, occupation, family relation, etc. and all the sentencing conditions shown in the changed theory.

arrow