logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2019.10.18 2019고단2052
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 27, 2019, at around 19:00, the Defendant reported at the front corridor of the Defendant’s house located in Seocheon-si B, that “The Defendant will throw away from the Defendant’s house,” and the police officers called up with the Defendant’s knife the Defendant’s knife by reporting that the police officers would listen to the statements of neighboring residents, and that the police officers would take a bath to the neighboring residents, and that the police officers go up to the floor in the process of facing the removal from D from the police officer belonging to the Seocheon-si Police Station C Zone in the Seocheon-si Police Station, and that the Defendant would take a bath to the Defendant’s arms arrested the Defendant as a flagrant offender committing an obstruction of the performance of official duties.

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. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Photographs photographs of damaged parts of the assault;

1. A copy of the work log in the C District and a list of reported cases;

1. Application of the Acts and subordinate statutes to a photographic act and report (verification of a DNA campaign image data), CDs of video records of a Baduk, investigative reports (verification of CCTV images at the scene of the incident), and to capture CCTV image data;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The punishment that prevents a police official from performing his/her duties by a police official who wears his/her uniform is not minor;

However, the defendant's perception of the crime and reflects the mistake, the first offender who has no record of criminal punishment before, and the motive and motive of the crime in this case.

arrow