logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 거창지원 2017.08.09 2017고단185
공무집행방해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 19, 2017, the Defendant refused to withdraw from the victim C’s “D amusement shop” operated by the victim C in South-Nam, around 23:10 on April 19, 2017, and on the ground that the victim refused the Defendant’s demand, the Defendant received the victim’s demand that the victim be free from the victim, and the victim would be free from the victim. However, the Defendant did not comply therewith and did not leave the place until the police officer dispatched by the victim’s report at around 23:16 on the same day, and did not leave the victim’s demand without good cause.

2. On April 19, 2017, the Defendant interfered with the performance of official duties: at the same place as the foregoing paragraph 1 at around 23:35, at the same time as the above paragraph 1; and on the ground that the F, who belongs to the E box of the Development Police Station E box, sent to the scene after receiving a report of the above C C C 112, said F, is deemed to have returned home to the Defendant;

In doing so, the Defendant 1 expressed his desire as “Hayman, Hayman, Hayman, Hayman,” and assaulted the above actions of the Defendant 1 on the part of the said FF, which had been in motion to take a video, twice in motion, and once in hand, once in his hands, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Three on-site photographs;

1. Application of Acts and subordinate statutes to each investigation report (investigation of attachment of photographs, and investigation of attachment of photographs of the accused’s face);

1. Relevant legal provisions of the Criminal Act, Articles 319(2) and 319(1) of the Criminal Act (in the case of refusing to withdraw), Article 136(1) of the Criminal Act (in the case of obstructing the performance of official duties) and Articles 136(1) of the Criminal Act and the choice of imprisonment

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (normal consideration favorable to the defendant, such as the fact that the defendant commits a mistake, and that the police officer who is the other party to the victim or the assault does not want the punishment of the defendant);

arrow