logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.06.14 2018고단306
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

On September 20, 2017, the Defendant was sentenced to two years of suspension of execution in the Seoul Northern District Court on September 20, 2017, by obstructing the performance of official duties and obstructing the performance of duties, and the judgment became final and conclusive on April 21, 2018.

On January 5, 2018, around 20:45, the Defendant was required to return home from the border, E, etc. belonging to the D police station in the Gangnam-gu Seoul, Gangnam-gu, Seoul, upon receiving a report of 112 that the host person is going to go home at the front of the C, and called "I am to move home to the front of the D police station in the Gangnam-gu, Seoul."

Ga. Do. Do. Do. Do. Da. Do. Da. Do, the left side of E was set at one time.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning 112 report processing.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A witness statement in preparation of the F;

1. Photographs of a damaged police officer;

1. Previous convictions: (A) a written reply to inquiries, such as criminal history, results of confirmation of the non-dispositionable telephone, and one copy of the text of the judgment of Seoul Northern District Court 2017 High Court 2502 High Court 2017 High Court 2502 High Court 2502 High Court 2017 High Court 2502 High Court 2017 High Court 2017 High Court 1931 High Court 201

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

1. The latter part of Article 37 of the Criminal Act on the treatment of concurrent crimes provided that the Defendant, on the grounds of sentencing under Article 39(1), was sentenced to a suspended sentence of imprisonment by obstructing the performance of official duties in 2015, and the Defendant again committed the instant crime without being aware of it during the appellate trial on September 20, 2017, after being sentenced to a suspended sentence of two years on the grounds of obstructing the performance of official duties and obstructing the performance of duties in the Seoul Northern District Court.

It is inevitable to strictly punish repeated crimes.

However, considering the equity in the case of being tried simultaneously with the obstruction of the execution of official duties for which judgment has become final and conclusive, the conditions of sentencing, such as the defendant's age, occupation, sexual conduct, family relationship, circumstances before and after the crime, etc., are considered.

arrow