logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.02.08 2017고단9073
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. 2017. 11. 28. 02:50 경 범행 피고인은 2017. 11. 28. 02:50 경 인천 연수구 D에 있는 ‘E’ 주점 앞 노상에서, 술값 시비가 있다는 112 신고를 받고 출동한 연수경찰서 F 지구대 소속 순경 G가 피고인을 위 주점 업주 H에 대한 폭행 혐의로 현행범인 체포하여 순찰차에 태우려 하자, “ 내가 뭘 잘못을 했냐.

The buckbucks, “,” and as a result, assaulted G by walking the buckbucks in several times.

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the dispatch of report 112.

2. On November 28, 2017, the Defendant committed a crime around 03:00 on November 28, 2017, at the criminal team office of the Yeonsu-gu in Incheon on November 28, 2017, and “Cpacks, rings, spacks, spacks, spackspacks, spackspacks, and clothes.”

By avoiding the disturbance by taking the disturbance of “,” it was assaulted against G’s hand by shouldering the disturbance of the above G.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the management of a new suspect.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic area (six months to one year and six months) (a person who is subject to special sentencing) of the first offense (the scope of a recommended punishment).

2. Type 1 (Obstruction of Performance of Official Duties and Compelling of Duties) in the basic area (six months to one year) (one year and six months) (a person who is subject to special sentencing) shall interfere with the performance of official duties.

3. The scope of final sentence due to the aggravation of multiple offenses: From six months to two years.

4. Determination of sentence of punishment is initial and reflected, and the degree of damage is minor, contingent crimes are involved, and the character, conduct, environment, etc. of the defendant is considered.

arrow