logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2017.05.29 2017고단849
공무집행방해
Text

Defendants shall be punished by imprisonment for four months.

However, as to the defendants, the period of one year from the day when this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 5, 2017, around 00:20, the Defendant: (a) on the first floor of the 1st floor of the Seocheon-si Building C, and (b) on the third floor with B under the influence of alcohol, the Defendant was rejected from the employee; (b) on the part of the police officer E belonging to the Seocheon-si Police Station D District, who was dispatched after receiving a report 112, the Defendant was forced to go to go to the first floor.

In other words, the Defendant tried to go to the third floor, but, as he was removed from F by the police officer F belonging to the same global belt, the Defendant assaulted the above FF by cutting down fat and saling it.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the maintenance of order by police officers.

2. Defendant B committed assault, i.e., assaulting F’s fingers by the police officers F, who were affiliated with D District Police Station D District Team D, to arrest A as a flagrant offender with a view to obstructing the performance of official duties set forth in paragraph (1) and to take aboard the patrol vehicle. To prevent this, the Defendant assaulted F’s fingers by hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and maintenance of order of police officers in the act of crime.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and G;

1. Application of each of the Acts and subordinate statutes governing the place of service;

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

1. Although the Defendants’ reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are inadequate in that they interfere with the performance of duties by one police officer who wears the uniform, the following circumstances should be taken into account: (a) the Defendants are against their mistake; (b) the Defendants have no particular power; and (c) Defendant B’s health is not good.

arrow