logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2015.10.28 2015고단784
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

except that 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 June 18, 2015, at around 11:05, the Defendant was subject to control on the ground that he operated a F-based vehicle in violation of traffic signal from D and E, a auxiliary police officer belonging to the 2nd police unit of the 3nd police unit of the 3nd police unit of the 2nd police unit of the 2nd police unit, which was under the traffic control by putting in uniform, in line with the order of the 11:05 police unit of the 2nd police unit.

The Defendant was subject to a disposition of notice from E and is unable to pay a penalty. As the Defendant was rejected, the Defendant refused to sign and seal the traffic PDA device that issues a disposition of notice, and attempted to get out of the scene of the foregoing vehicle, and D and E continued to stop the front of the foregoing vehicle from the front, obstructed the front of the foregoing vehicle, obstructed the traffic signal violation, and assault D with D’s bridge and sponsed with the Defendant’s double hand by sponsing D’s bridge and spons with the Defendant’s double hand, and sponsed D’s bridge and spons with the ground.

Accordingly, the defendant interfered with legitimate execution of duties of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the respective Acts and subordinate statutes of G and H

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing range recommended according to the sentencing criteria (decision of type) that there is no person who obstructs the performance of official duties (special sponsor) (the scope of recommending punishment), and the period between six months and one year and four months;

2. In this case, the sentence of punishment is determined on the following grounds: (a) the Defendant was subject to the control of the violation of signal signals and the responsibility for such violation is less severe; (b) the Defendant’s criminal act is against himself/herself; (c) the degree of the exercise of tangible power is not much severe; and (d) the Defendant has no criminal power of the same kind; and (c) the Defendant’s age, character and conduct is more favorable to him/her.

arrow