logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.10.11 2018고단1708
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal history] On July 19, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for special injury in the Gwangju District Court's Macheon Branch and two years of suspended execution, and the above judgment was finalized on July 27, 2018.

[2] On July 16, 2018, the Defendant was asked about the circumstances of the instant case from the Assistant E and Assistant F, a police officer belonging to the Heung-gun Police Station Diplomatic Police Station, who was dispatched after receiving a report of 112 because he did not know the drinking value at C main points located in Goung-gun B, Goung-gun, Nam-gun on July 16, 2018.

The Babling theory, "Crop ...." was carried out with a slope E in his hand by carrying it to a slope E.

Accordingly, the defendant assaulted E and interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (to attach photographs and videos to the body of violence);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the progress of the case among the trials of the suspect, and the confirmation date of the case during the trials);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection and the order of community service: The police officer who performs his/her duties in a manner unfavorable to him/her, such as taking a bath and breath, etc.;

(k) A favorable normal situation: A reflective. A person who commits the instant crime by force in a contingent manner;

(k) the police officer does not suffer serious injury in the process;

A. Consideration of equity in the case where a trial was conducted with the crime listed in the first head of the crime in the judgment. Other factors such as family relation, age, sex conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc. under each subparagraph of Article 51 of the Criminal Act are considered.

arrow