logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.12.14 2016고단4529
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, 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 September 2, 2016, at around 03:43, the Defendant: (a) sought to stop a police officer D, a police box affiliated with the Seoul Gangseo-gu Seoul Southern Police Station, who was called upon 112 reporting that he would die of female her; (b) but refused to stop it; (c) attempted to stop the sprink by cutting off tin tin her sprink, cutting off him so that he would stop the sprink; and (d) assaulted the Defendant, such as having her body sealed the body of the said D and then faced with the patrol car by pushing him.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the maintenance of public peace and order as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on detailed statement of reported case settlement; and

1. Relevant Article 135 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and lecture attendance order;

1. Scope of applicable sentences under law: One month to five years; and

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] and the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties) (the scope of the recommended sentence].

3. After a sentence has been imposed by assaulting a female-friendly implements and being investigated by the police, the nature of the crime is not good, such as making a false report on the purport that he/she will kill a female-friendly implements, and assaulting a police officer who has called out, although there are four times the past records of punishment due to violent crimes, there is no more penalty power exceeding a fine, and the punishment is to be determined as ordered in consideration of the conditions of sentencing, such as the age, character and conduct, and environment of the defendant as an contingent crime;

arrow