logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.06.22 2017고단3885
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 20, 2017, the Defendant interfered with the performance of official duties, at around 00:12, and at around 00:12, at the third floor of the building C in Yangyang-si, the Defendant was called up to the police box F of the E box, who was investigating the circumstances of the instant case, upon receiving a report from other customers by having the guests scambling the scam, and was able to take the scam of the said F by hand while taking the scambling F of the police box, which was under investigation of the instant case.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of reported cases.

2. On July 23, 2017, the Defendant had obscenity 4201 at the entrance of G Apartment-si, Namyang-si, Namyang-si, G, 19:00, and had her sexual organ satis at the seat of the village residents, and had her sexual organ satis at the seat of the village residents.

Accordingly, the Defendant made a patent obscene act at a place where many unspecified people pass.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of H Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 245 of the Criminal Act (the point of obscenity) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of applicable sentences under law: Imprisonment with labor for one month to six years;

2. Application of the sentencing criteria;

(a) Interference with the performance of official duties [Determinations] Crimes obstructing the performance of official duties, obstructing the performance of official duties, and Type 1 (Interference with and Compelling the performance of official duties] [Scope of punishment recommended] Imprisonment with prison labor for up to six months from one year to six months (basic sphere)

(b) Handling multiple crimes: The lower limit shall apply only to the concurrent crimes falling under the former part of Article 37 of the Criminal Act among the crimes of obstructing the execution of official duties for which the sentencing criteria have been set for not less than six months, and the crimes of obscenity during which the sentencing guidelines have not been set.

3. Determination of sentence: Six months of imprisonment and suspension of execution;

arrow