logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.08.23 2018고단1130
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year of suspended sentence for 4 months as a result of interference with business by the Seoul Northern District Court on February 19, 2016, and was sentenced to six months of imprisonment with prison labor by obstructing the performance of official duties at the Seoul Southern District Court on August 9, 2016, and the said sentence became final and conclusive on August 12, 2016, and completed the sentence of suspended sentence on March 30, 2017.

【Criminal facts” at around 04:04 on December 24, 2017, the Defendant assaulted the police officer’s legitimate execution of duties concerning the handling of the report of 112 cases by assaulting the police officer, i.e., the police officer’s 112 report, who was dispatched to the scene after receiving 112 report, to the Seoul Guro-gu Police Station Emba, the police officer’s Emba, and the assistant G sent the Defendant out of the scene, and having the Defendant walk out of the scene.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A H statement;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history, report on criminal investigations (recognating repeated crimes and records of violent crimes);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Circumstances favorable to the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes: The defendant is against the recognition of the crime of this case, and the degree of violence obstructing the performance of official duties is relatively minor.

D. Unfavorable circumstances: although the defendant was punished for committing a crime that interferes with duties and interferes with the performance of duties, he/she committed a crime that interferes with the performance of official duties in this case at the same time, and even though there are considerable criminal records such as interference with duties, interference with the performance of official duties, violence, etc., he/she repeatedly commits a crime of the same kind.

arrow