logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2020.01.07 2019고단480
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 12, 2019, at around 02:40 on September 12, 2019, the Defendant asserted with D, a taxi engineer, at the right time before the police box of the Yeongdeungpo-gun Police Station C, which was located in the Gangseo-gun B, as a matter of payment of taxi expenses in front of the police box of the Gangseo-gu, the Defendant: (a) tried to go at home without paying the taxi expenses; and (b) was removed from E during the course of the police box where he was affiliated with the above police box; (c) was able to take advantage of a plastic bag containing a siren used in his hand toward E’s face; and (d) was assaulted upon E with a part of E’s infinite by continuously leading E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning civil petition handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Acts and subordinate statutes to the taxi expense receipt, each photograph (number 5, 12), and medical opinion;

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

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

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The Defendant assaulted a police officer who is performing legitimate official duties.

In order to establish the state's legal order and eradicate the light of the public authority, such obstruction of the performance of official duties shall not be deemed to be negligiblely committed.

The defendant has been punished for a fine of one million won due to the crime of bodily injury and the crime of causing property damage in 2013.

However, considering the fact that the defendant is recognized to commit a crime, and that communication is not smooth due to a defect in hearing, it seems that the defendant caused the crime, the age, character, environment, and crime of the defendant are considered.

arrow