logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.06.30 2016고단2956
공무집행방해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, around 02:51 on May 5, 2016, on the street in Jongno-gu Seoul Metropolitan Government, on the ground that at around 02:51, the Defendant: (a) on the ground that he sent a taxi at the front of Jongno-gu Seoul Metropolitan Government, on the ground that he/she was dissatisfied with the 112 report and sent a taxi for the safety of life of the Seoul beneficiary Police Station, the developments leading up to the 1 team of the patrol of the D police box, and that F would have driven by a taxi engineer G, and (b) he/she called “Y, gring, franch, fch

“In doing the bath theory, the Defendant committed assault, such as throwing a bank, cell phone, two clothes, and scambling on the floor, cutting off the right shoulder of E by hand, cutting off the two arms of E, cutting off the f by hand, cutting off the f with his hand, cutting off the f’s shoulder, cutting off the f’s left chest by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to 112 reporting processing duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A report on investigation;

1. Investigation reports (to attach screen pictures to the scene that interferes with the performance of official duties), the application of the video CD-related Acts and subordinate statutes;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol at the time of committing the instant crime, as to the assertion of mental and physical disorder as to Article 62(1) of the Criminal Act ( considered favorable circumstances as seen below)

Therefore, according to the records, the fact that the defendant was under influence of alcohol at the time of the crime of this case is acknowledged, but due to that, there was no or weak ability to discern things or make decisions.

As such, the above assertion is rejected.

Reasons for sentencing

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (six months to one year and four months) (the prevention of interference with the performance of official duties and the coercion of official duties) shall be limited to the category 1 (the prevention of interference with the performance of official duties).

2. Sentence;

arrow