logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.06.03 2015고단1896
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On April 9, 2015, the Defendant interfered with business: (a) around 20:10, the “Eju store” operated by the victim D located in the Incheon Spoman-gun, Incheon Spo-gun; (b) under the influence of alcohol, the Defendant interfered with the victim’s main business by avoiding disturbance for about 30 minutes, including “I will not engage in funeral services from the inside date. I see one funeral from the inside date; (c) I will not engage in funeral services; and (d) I will not engage in funeral services from the inside land.”

2. On April 9, 2015, at the same place as Paragraph 1, around 20:45, the Defendant expressed that the Defendant interfered with the performance of official duties, as described in Paragraph 1, at the same time and at the same time as Paragraph 1, G of the Incheon Jung-gu Police Station, which was dispatched to the scene after having received 112 reports, shall hear from D the circumstances of the instant case, and after asking the Defendant for the circumstances of the instant case, the Defendant: (a) stated that the Defendant “Is down to flaps. Is down to flaps; (b) I want to “Is down to flaps. Is down to flaps;” and (c) stated that the said G “I flaf.” was under the influence of alcohol of the Defendant; and (d) interfered with the legitimate performance of duties by the police officer on the mobilization of the 112 report

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and G

1. Relevant Article 314(1) of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Type 1 (Obstruction of Performance of Official Duties/Performance of Duties) (Scope of Recommendation), six months to one year and four months (in cases of concurrent crimes under the former part of Article 37 of the Criminal Act among crimes for which the sentencing criteria have not been set, the lower limit of the sentencing criteria shall be set according to the lower limit of the sentencing range set in the sentencing criteria for the crimes for which the sentencing criteria have been set);

2. Determination of sentence: Ten months of imprisonment;

arrow