(영문) 인천지방법원 2019.10.16 2019고단4840

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.10.16 2019고단4840

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 3, 2019, at around 00:50 on July 3, 2019, the Defendant: (a) received a report from 112 to the effect that, while drinking a man and drinking alcohol in Michuhol-gu Incheon, the Defendant: (b) carried out a d district unit of the Incheon Michuhol Police Station D, which called up to the Defendant, prevented the Defendant; (c) carried out a bath; (d) carried the shoulder of E by hand; and (e) collected a stop case on the table.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

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

1. The sentencing criteria [Determination of Punishment] The scope of the obstruction of the performance of official duties [Class 1]/ the coercion of official duties (the scope of recommendations and recommendations] of the person who has no person who has been subject to the obstruction of the performance of official duties], the basic area (the scope of recommendations and recommendations], six months to one year and six months;

2. The criminal defendant who made the decision to sentence a criminal sentence is arrested as a flagrant offender immediately after the police officer assaultss him/her, and the same shall not apply to the degree of obstruction of performance of official duties;

Defendant makes a confession of crime.

However, there is no good condition after the crime, such as continuing to force the police officers to take a bath or intimidation after arrest.

In 2001, the defendant was sentenced to imprisonment with prison labor due to obstruction of performance of official duties, etc., and was punished for violent crimes.

In full view of the above circumstances, the punishment as ordered shall be determined as above.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

유사 판례

-광주지방법원 목포지원 2020.04.07 2019고단901

-서울서부지방법원 2020.02.06 2019고단4295

-인천지방법원 2019.10.25 2019고단6105

-인천지방법원 2019.05.08 2019고단979

-인천지방법원 2020.06.19 2020고단2766