logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.03.22 2016고단5991
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 1, 2016, around 23:40 on December 23:40, 2016, the Defendant assaulted the Defendant, who was under the influence of alcohol in front of the Seoul Gangseo-gu Seoul Gangseo Police Station C District District, and was demanded to return home from the slope D belonging to the said District, with his hand, such as cutting off and shaking D’s outer boom.

As a result, the defendant interfered with the legitimate execution of duties of police officers in relation to their global service.

Summary of Evidence

1. Statement by the defendant in court;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of punishment [the scope of punishment [the area of recommendation and the scope of punishment], the basic area of punishment for six months to one year and four months, where there is no interference in the performance of official duties and coercion (one type].

3. There is no reason for the suspension of execution [major reasons for the suspension of execution] (general reasons): Proactive social ties clear, serious reflection of social ties.

4. The act of assaulting a police officer performing official duties, such as the instant crime, and obstructing the performance of official duties, is not against the nature of the crime.

However, the punishment as ordered shall be determined by considering the fact that the defendant led to his mistake and reflects, the fact that there was no previous previous criminal record, and other conditions of sentencing as shown in the records and theories of change.

arrow