logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2017.10.24 2017고단1116
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 August 19, 2017, the Defendant: (a) around 11:50 on August 19, 2017, around C District, located in B of Busan, the Defendant: (b) reported D to C District; (c) on the ground that D was under the influence of alcohol and did not pay for the taxi; and (d) D was informed that D was under the influence of alcohol; (c) the Defendant was shouldered and would pay for the taxi expenses; and (d) even though he was informed that D was under the influence of C District, the police station located in the Busan Northern District, the Busan Northern District, the Defendant did not pay for the taxi expenses; and (d) on the ground that D was under the influence of C District, on the ground that D was under the influence of paying for the taxi expenses and guiding her to return home.

Accordingly, the defendant assaulted the above E and interfered with police officers' legitimate report handling, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Where the scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] is minor that the degree of interference with the execution of public duties, such as assault, intimidation, deceptive scheme, or public duties, in the mitigation area (one month to eight months) (special mitigation person];

2. The offense of assaulting the police in the course of performing official duties by taking the decision uniform of the sentence is not good because it interferes with the exercise of legitimate public authority which should be strictly executed, and the damaged police officer is willing to punish the accused.

Defendant has been punished for violent crimes.

However, the defendant shows the attitude to recognize and reflect the crime of this case.

The degree of violence seems to be relatively minor under the influence of alcohol.

In addition, the defendant's age, sex, environment, motive and background leading to the crime of this case, methods and results of the crime of this case, and circumstances after the crime, etc. are shown in the arguments and records of this case.

arrow