logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.17 2018고단2127
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

around 02:02 on February 25, 2018, the Defendant: (a) returned home to the D Assistants belonging to the Incheon Southern Police Station C District Zone of the Incheon Southern Police Station; and (b) went to the back seat of the patrol vehicle while moving to the lower seat; (c) the Defendant was seated along the back seat, and the victim’s face was removed on one occasion by hand; (d) around 02:10 on the same day, the Defendant left the front side of the Northwestwest of the Incheon Nam-gu Incheon Metropolitan City, Incheon, with the view of 129 Simbling, and then cut to the police officer on several occasions with the left side of the patrol vehicle and cut off the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of punishment: Imprisonment with prison labor for not less than one month but not more than five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Compelling the performance of public duties) (the scope of recommended punishment], from June to June (the basic area).

3. Determination of sentence: The crime of this case committed by the defendant for four months in prison, or one year in probation, is committed by assaulting a police officer in the state of detention and obstructing the performance of official duties, and the nature of such crime is not good. However, the confession of the crime of this case is made by the defendant, and the degree of assault is serious.

The sentencing conditions specified in the instant argument, such as the Defendant’s age, sex, environment, motive, means and consequence of a crime, etc., shall be determined as follows: (a) comprehensively taking into account the various circumstances that are difficult to see; and (b) the sentencing conditions specified in the instant argument.

arrow