logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2017.11.17 2017고단989
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 became final and conclusive.

Reasons

Punishment of the crime

1. 112 신고 사건 처리에 관한 공무집행 방해 피고인은 2017. 6. 28. 22:40 경 목포시 B 앞에서 매형인 C 와 다투던 중 112 신고를 받고 출동한 목포 경찰서 D 파출소 소속 경위 E 등 경찰관이 피고인을 제지하자 화가 나 위 경찰관들을 향해 “ 야 이 씹할 놈아! 나와! 콱 죽여불랑께! ”라고 소리치고, 계속하여 피고인에게 욕설을 그만 하라는 위 E의 입술 부위를 머리로 1회 들이 받아 폭행하였다.

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

2. On June 29, 2017, the Defendant interfered with the performance of official duties in relation to the custody of the custody person, was undergoing a physical examination from police officers at the detention room of the wooden Police Station located at a 300-ro of Mapopo-si on Mapo-si on Mapo-si around June 29, 2017, “Wook behind the width.”

“Along with sound, assaulted the said G by hand, such as cutting down the trees of the said G.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of Acts and subordinate statutes to report internal investigation ( CCTV images related to obstructing the performance of suspect's additional duties);

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (Optional to imprisonment with prison labor);

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

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Crimes Nos. 1 and 2 / [the scope of a recommendation / [the scope of a recommendation ] 1 type (Interference with the performance of official duties and coercion of duties], the basic area (6 months to 1 year and 6 months) / None of special sentencing factors]

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for up to six months from two years to three months;

2. Determination of sentence: The crime of this case with six months of imprisonment and two years of suspended execution shall not only interfere with the legitimate execution of duties by assaulting a police officer dispatched by the defendant upon receiving a report of 112, but shall also interfere with the arrest of the police officer in the act of committing the crime.

arrow