logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.05.16 2018고단583
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

Around 00:00 on December 30, 2017, the Defendant: (a) on the road in Southyang-ju B; (b) “On the road in front of the Namyang-ju, a substitute driver, who is a customer with a view to making him/her a request to present his/her identification card by a police officer D and E belonging to the police box in the Namyang-ju Police Station C, who was called up after receiving a report by an acting driver on his/her 112; (c) notified the personal information of the reported substitute operator; and (d) tried to display his/her work pocketbook; (d) prevented him/her; (d) shooted him/her; and (d) shooted him/her with a e.b.

As above, Defendant assaulted a police officer, thereby obstructing the police officer’s legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. AF statement;

1. Application of Acts and subordinate statutes to recording notes;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

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

2. Application of the sentencing criteria [type determination] Crimes obstructing the performance of public duties, interference with the performance of public duties, and Type 1 (Interference with and Forced Performance of Duties) (Scope of recommended punishment] shall be punished by imprisonment with labor for up to six months from June to one year and six months (basic sphere);

3. Determination of sentence: Imprisonment with prison labor shall be selected, taking into consideration the fact that it is necessary to strictly punish a crime obstructing the performance of official duties, the fact that the defendant has committed two-time crimes of injury, etc. in order to establish a legal order of the State with six months of imprisonment, suspended execution of two years, and to eradicate the light of public authority;

However, in full view of various circumstances, such as the fact that the defendant was led to confession, the fact that the defendant was sentenced to a fine, the age of the defendant, sexual conduct, environment, motive, means and consequence of the crime, etc., and the conditions of sentencing as shown in the pleadings of this case, such as the sentencing guidelines and the age of the defendant, sexual conduct, environment

arrow