logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 제천지원 2015.07.02 2015고단165
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

At around 23:40 on March 6, 2015, the Defendant: (a) received a report on the occurrence of a assault case on the street in the front of “D” located in Seocheon-si, and was asked questions about the circumstances of the instant case from E, etc. from the circumstances E of the Jeju Police Station, etc., and took a bath to the said E; (b) sealed the E’s body by hand; (c) deducted the patrol duty log used by E from his hand; (d) throw the shoulder and left hand on the floor; and (e) took the shoulder and left hand on one occasion in drinking; and (e) took a f on one occasion in drinking, and (e) took the f on one occasion in drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports and the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to seven years;

2. Scope of recommendations according to the sentencing criteria: Six months to two years (in consideration of the handling of multiple offenses) (decision of types of offenses) shall have no basic area (six months to one year and four months) of the obstruction of performance of official duties.

3. The defendant's act of assaulting police officers in the course of performing their duties is very unfavorable to the defendant, and the defendant confessions the crime of this case and reflects it, and the defendant has no criminal record of suspended execution or more is favorable to the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

arrow