logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.22 2017고단7584
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

On September 27, 2017, at around 00:55, the Defendant was under the influence of alcohol in front of a police officer C in front of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, the defect that the Defendant attempted to cause the Defendant to put up by causing E, who is a police officer belonging to the police officer belonging to the Samsan Police Station 4 Team patrol patrol team called up upon receipt of a 112 report, while requesting E, who is a police officer belonging to the police officer belonging to the Samsan Police Station 4 Team called up, to return home.

Mara Rab Rab

During the course of gathering “A” by hand, flabing the outer flab of E, walking the flab of E, and arresting a flagrant offender and leading to a police station after the locking, he assaulted E, such as spiting, flabing E, by stating “in the flab flab flab flab flab flab flab flab flab flab flab.”

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the receipt of reports and the maintenance of 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Sentencing criteria: Type 1 (Interference with the execution of public duties and coercion of duties). Basic area (six months to one year and six months); and

2. The crime of this case was committed by assaulting a police officer who was dispatched upon his report and obstructing his lawful performance of official duties, and the defendant was punished for the crime of the Framework Act on the Fire Services of the same kind, even though he had the record of obstructing emergency medical service activities by assaulting the dispatched fire-fighters.

Therefore, the defendant is sentenced to imprisonment.

However, considering the fact that the defendant recognized the crime and reflects the fact that there is no record of fine or more severe punishment, the sentence is imposed in consideration of the defendant's age, sex, environment, health conditions, circumstances before and after the crime, etc.

arrow