logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.10.24 2018고단6924
업무방해등
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

1. On August 15, 2018, from around 00:11 to around 00:28 of the same day, the Defendant: (a) ordered drinking and food from the main point of the “C’s operation of the Victim B located in Bupyeong-gu Incheon Metropolitan City’s Bupyeong-gu” to drink and drink food; (b) made the victim’s desire to see that it does not have any food, and (c) so, i.e., i., i., e., the victim’s door hack hack, and obstructed the victim’s main duty by force, such as spiting down hacks on the floor.

2. On August 15, 2018, the Defendant obstructed the performance of official duties, at around 00:28, who received 112 reports from two persons, such as D District Guard E, etc. of the Incheon Bupyeong Police Station, sent out after being reported at around 112 on the road prior to the main point specified in paragraph (1) of the same Article, and assaulted on one occasion the left side of E in order to identify the reported matters.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of B and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 314 of the Criminal Act, Articles 314 (1) and 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Application of the sentencing criteria;

(a) Basic crime: Interference with the execution of official duties [the scope of a recommendation] and interference with the execution of official duties, and the basic area (six months to one year and six months) (no person subject to special sentencing];

(b) Concurrent crimes: Scope of recommending punishment according to the standards for handling multiple crimes that do not have a basic area (from June to June) (any person subject to special sentencing) within the scope of interference with duties (the scope of recommended punishment). From June to two years and three months (one-half months from the upper limit of the scope of punishment for concurrent crimes within the scope of punishment for basic crimes plus one-half months from the upper limit of the scope of punishment);

2. The crime of this case committed with a sentence of sentence shall interfere with the main service of the victim B by committing sound, etc.

arrow