logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2019.06.13 2019고단385
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On January 19, 2019, the Defendant: (a) 15:35, the Defendant: (b) got a report from the Gu building B; (c) the fourth floor of the fourth floor; and (d) had been dispatched, the Defendant asked the circumstances reported to the Defendant by the Assistant Party affiliated with the Police Station D Boxes at the Police Station D Boxes at the time of their dispatch; (b) had the Defendant “weeded to go to the Defendant,” and (c) had the chest of the above E at one time after having pushed the chest, and had the Defendant her hand take the her feet by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement to E (the statement to the effect that the defendant was sent to the police after receiving the report of the defendant, and that the defendant's chest was bound to be dealt with by a false report because he did not speak of specific damage, and that the defendant's chest was tightly sealed one time in both hands and was left to the outside, and that he was forced to do so);

1. Application of F’s written statement (written statement to the effect that the defendant was unable to answer the question of a police officer and an accident causing a police officer to contact him/her);

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including the following favorable circumstances):

1. Scope of the recommended sentence according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties (special penal person]: Where the degree of violence, intimidation, and deceptive scheme is insignificant (the area of recommendation and the scope of recommended punishment] mitigated area, one month to eight months of imprisonment;

2. Circumstances unfavorable to a sentence: The Defendant assaulted a police officer who performs official duties without any particular reason, thereby obstructing the performance of official duties.

There are many criminal records including criminal records related to violence.

The degree of assault is insignificant, and the degree of interference with official duties is relatively weak.

In addition, the defendant's age, character and conduct, family relationship, environment, motive, background, means and result of the crime.

arrow