logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.16 2017고단6746
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On July 22, 2017, at around 22:45, the Defendant: “C” in front of “C” located in the Namdong-gu Incheon Metropolitan City, Seodong-gu B, 112 reported and sent to the site, and expressed a bath to E affiliated policemen belonging to the Dong-gu Incheon Metropolitan Police Station Down-gu, Incheon, by stating “Chewing sprinks and spule ..”, and caused power to wear a cigarette on E’s face. In the process of arresting a flagrant offender under suspicion of interference with the performance of official duties and boarding the patrol, the Defendant assaulted twice the back part of G’s hand son belonging to the same police station F, on one occasion, and the back part of H’s left part of the policeman belonging to the same police station D police station, on two occasions.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, H and G;

1. 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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommended punishment] There is no basic area (from June to one year and six months) (the person subject to special sentencing) [the decision of sentencing] [the decision of sentencing] of the defendant was arrested in the act of committing a crime by taking the victim police officer's desire, taking the victim police officer's abundance, arresting him/her, and assaulting police officers during the course of driving.

However, it is against the defendant, there is no previous conviction, the degree of damage is not severe, and the motive and circumstances of the crime, the character, conduct and environment of the defendant are considered only once.

arrow