logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.06.27 2019고단1025
공무집행방해
Text

The punishment of the accused shall be set forth in six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 21, 2018, at around 23:15, the Defendant was urged to pay taxi charges and return home from the police officer, who was a police officer of the Seoul Dongdaemun Police Station D police box called out after receiving 112 report that the Defendant would not pay taxi charges.

Nevertheless, the Defendant took a bath to police officers and boarded them at the patrol vehicle with the mind of mind, and had the chest of the police officer who solicits them to leave the patrol vehicle and to return home.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Investigation report (Attachment of On-site CCTV images);

1. Application of CCTV image CD-related Acts and subordinate statutes;

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

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

1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act;

1. The basic area (six months to one year and six months) of the punishment for the obstruction of performance of official duties according to the sentencing guidelines (no person shall be subject to a special punishment):

2. Crimes committed against police officers called out after receiving 112 reports due to their own taxi charges and taking into account the degree of the use of violence, the degree of obstruction of performance of official duties, etc., of the sentence, are not less complicated;

The defendant is subject to criminal punishment for a violation of the Punishment of Violences, etc. Act.

On the other hand, it seems that the defendant recognized the crime of this case and is against it, and there is no record of criminal punishment exceeding the fine so far.

In addition, the sentencing conditions shown in the records and arguments, such as the age, occupation, character and conduct, family relationship, and circumstances before and after the crime, shall be determined as ordered.

arrow