logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.11.26 2015고단1714
공무집행방해
Text

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

피고인은 2015. 5. 16. 02:05 무렵 서울 은평구 C에 있는 D지구대에서 폭행의 현행범으로 인치되어 있다가 정복을 착용한 경찰관 경위 E에게 "씨발놈아 네가 경찰관이냐 짭새 호로 개새끼야. 내가 조사받고 나와서 가만두지 않겠다. 대갈빡을 부숴버리겠다 개새끼들아."라고 말하고, 발로 그를 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate performance of official duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Article 136 (1) of the Criminal Act applicable to the crimes;

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Act are as follows: (a) overall sentencing conditions shown in the instant pleadings, such as the Defendant’s age, character and conduct, and environment, and the recommended sentence specified in the sentencing guidelines, and the same sentence as the order shall be determined.

The Defendant made a confession of the instant crime and is in profoundly against the Defendant.

B. On October 10, 2013, the Defendant was punished on 12 occasions by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Sung-nam Branch of Suwon District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

C. The sentencing guidelines set forth in the sentencing guidelines [the range of recommendations] The basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties)

arrow