logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.12.14 2016고단4556
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around 02:00 on September 10, 2016, the Defendant reported the victim D (the age of 38) who was dialogueed between singing and drinking values on a singing room and drinking values on the second underground of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and reported the victim’s face as drinking.

Accordingly, the defendant assaulted the victim.

2. On September 10, 2016, the Defendant: (a) at around 02:10 on September 10, 2016, the police officer of the Dongdaemun-gu Seoul Police Station E box called that “the police officer F of the Seoul East Police Station,” who was dispatched after having received a report of 112 at the same place, would have the police officer’s face to check the case and arrest the Defendant as an offender in the act of assault and thereby have the Defendant move to the patrol lane, thereby leaving the police officer’s inside the floor.”

Accordingly, the defendant interfered with the 112 reported duties by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to report on investigation (Hearing statements by shots);

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Scope of applicable sentences under law: One month to seven years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines for crimes falling under Category I (Assaults) and Category II (Obstruction of Performance of Official Duties) that have no basic area (two to ten months) (the scope of the recommended punishment) of the first category (the person who is a special person), [the scope of the punishment] of the obstruction of performance of official duties (the scope of the punishment for obstruction of performance of official duties and the punishment for obstruction of official duties] (one to eight months), the mitigation area (one to one type), the mitigation area (one to one type), the mitigation area (one to eight months), and the scope of final sentence due to the aggravation of multiple crimes (the occurrence of a serious injury): February to December

3. Determination of sentence;

arrow