logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.04.23 2020고단598
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 30, 2019, at around 21:45, the Defendant: (a) taken the 112 reported telephone that “I are unable to return home because I am satching” in front of the “C King practice room” located in Gangseo-gu Seoul, Gangseo-gu, Seoul; (b) taken the satons possessed by E, a police officer belonging to the Seoul Gangseo-gu Police Station D District; (c) took the saton of E as he was removed from the said E; and (d) assaulted the sat on two occasions as he am drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to cut down a photograph;

1. Relevant Articles of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Imprisonment or Imprisonment);

1. The grounds for sentencing under Article 62(1) of the Criminal Act, including the following circumstances, are to be taken into account: (a) the Defendant’s age, character and conduct, intelligence and environment; (b) motive, means and consequence of the commission of the crime; and (c) the conditions for all the sentencing prescribed in Article 51 of the Criminal Act, including the circumstances after the commission of the crime, shall be taken into account.

Unfavorable circumstances: Assaulting a police officer in uniform to obstruct the performance of official duties is highly likely to be criticized as a challenge to the public authority, and even though the defendant is relatively old, there are criminal records who were sentenced to the suspension of the execution of imprisonment and fine due to the obstruction of performance of official duties.

A favorable circumstance: The defendant has no previous conviction except for a fine of three times during the recent 20 years, and has committed a contingent act while under the influence of alcohol, and his/her depth has been divided.

In addition, the Defendant performed a cerebral blood surgery by taking the head on the day of the instant case, and it seems that the health of the Defendant is very poor due to the aftermath.

It is so decided as per Disposition for the above reasons.

arrow