logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2015.05.15 2015고단504
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On March 31, 2015, at around 01:20, the Defendant: (a) before Pyeongtaek-si’s “C District” located in Pyeongtaek-si B, the police officer was able to see and take a bath for the Defendant’s returning home at the drinking house; and (b) the Defendant’s defect that he was able to see a slope D belonging to the said district unit and her returning home, and that she was called to her home, “I am to her head, her head, her head, her head, and her head, so I am to her head, her head, and her head, her head, her head, and her head, her head, her head, and her head, her head, her head, and her head

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control and prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of statutes to photographs of victimized police officers;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture is that the crime of obstructing the performance of official duties is likely to undermine the authority of the public authority and disrupt the establishment of legal order, and thus, it is reasonable to punish the Defendant with strict punishment, considering the fact that the Defendant has been punished twice by the same error.

However, the defendant acknowledges the facts charged of this case, reflects his mistake, and does not repeat again, the degree of obstruction of performance of official duties is somewhat minor, the defendant has no record of punishment exceeding the fine, and the scope of the recommended sentencing guidelines [the scope of punishment of obstruction of performance of official duties] under the basic sphere of probation, community service, and lecture attendance order within six months and one year and four months, including the defendant's age, character and behavior, family environment, etc.

arrow