(영문) 서울북부지방법원 2019.03.28 2018고단4271

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2019.03.28 2018고단4271

공무집행방해

Text

The punishment of the accused shall be set forth in six months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 21:30 on September 22, 2018, the Defendant: “C main point located in Jung-gu Seoul, Jung-gu, 2018.” “C,” sent to the site after receiving 112 reports, the Defendant: (a) sent the police box affiliated with the Seoul Southern Police Station Diplomatic Police Station that sent the Defendant for the same reason that he was arrested the Defendant as a flagrant offender in the obstruction of his duty; (b) sealed the Defendant’s arm on two occasions; and (c) collected a statement on this from the owner of the business that the F reported 112; and (d) told the F to read “I, f, f, f, f, f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f., f

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement of a witness in the G preparation;

1. Each investigation report (to listen to the G phone statement of 112 reporter and to the closure of theCCTV screen);

1. Application of the CCTV closure Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The basic area (six months to one year and six months) of the punishment for the obstruction of performance of official duties according to the sentencing guidelines (no person shall be subject to a special punishment):

2. The severity of the crime committed by the police officer who received a report on the sentence 112 and received a notification of the sentence, in consideration of the degree of the assault, etc. as a result of the crime committed by the police officer who used violence;

On the other hand, the defendant recognized the crime of this case and there is no record of criminal punishment so far.

In addition, the sentencing conditions shown in the records and arguments, such as the age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

유사 판례

-서울북부지방법원 2019.03.28 2018고단4271

-서울중앙지방법원 2020.12.16 2020고단4142

-창원지방법원 거창지원 2019.02.13 2018고단324

-대구지방법원 안동지원 2019.05.22 2018고단638

-서울동부지방법원 2020.03.02 2019고단2601