logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 경주지원 2019.10.02 2019고단411
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 28, 2017, the Defendant was sentenced to one year and six months of imprisonment for special assault, etc. in the Daegu District Court and racing support, and the Defendant completed the execution of the sentence in the second prison of North Korea on February 18, 2019.

1. On July 30, 2019, around 14:57 on July 30, 2019, the Defendant was in front of the office of the victim C, who was in front of the house of the victim C, and was under the influence of alcohol, and went off with the entrance, and invaded upon the victim’s house by entering the victim’s dwelling room.

2. At around 15:30 on the same day as paragraph (1) of the same Article, the Defendant: (a) took advantage of the Defendant’s house storage in the racing-si; (b) took out the above C’s 112 report; and (c) took a bath to check the instant situation, the Defendant Dara, “Is the deceased, shot, shots, and knife,” and assaulted twice the head of the said G, and the left face part at one time.

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. Each police statement concerning G and C;

1. Each report on investigation;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports ( repeated crimes and confirmation of the same records) and Acts and subordinate statutes;

1. Article 319 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) First Crimes (Determination of Punishment) (Obstruction of Performance of Official Duties). Obstruction of Official Duties (Type 1 / No person who has been forced to perform his/her duties) (the scope of recommendation area and recommendation area) basic area, six months to one year and six months of imprisonment

(b) Second offense: An offense for which the sentencing criteria are not set;

arrow