logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.08.21 2018고단632
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On May 12, 2018, the Defendant: (a) around 15:57, at the top of the building in front of the building in the Changwon-si, Changwon-si, 315, and 732, and (b) at the end of the building in front of the building in the Republic of Korea, the Defendant refused to return home upon receiving a report 112 and then attempted to go back to and from the 8th line, and then tried to go back to and from the ice 15th of the building in front of the building in the Changwon-si, Changwon-si, Masan-si, 315, and (c) sought a recommendation for returning home from the circumstances D, etc. belonging to the Masan Police Station C District, which was called out after receiving the report.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photograph photographs, such as a damaged police officer, and to photograph CCTVs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for observation of protection and observation;

1. The scope of applicable sentences under Acts: One month to five years of imprisonment;

2. The scope of recommended punishment according to the sentencing criteria: Imprisonment with prison labor for one month to eight months.

(a) Determination of types: One type (Interference with the execution of public duties/ coercion of duties) that interferes with the performance of public duties;

(b) Special sentencing factors: Where the degree of assault, intimidation, deceptive scheme, or interference with official duties is insignificant (a factor to be mitigated);

(c) Determination of the territory of recommendation: Reduction territory;

3. Determination of sentence: Four months of imprisonment, the nature of crimes of obstructing the execution of official duties for one year of a suspended sentence is serious, and the police officer who is the object of the assault wishes to punish the accused;

In addition, criminal records (including the crime of damaging property) caused by violence are already causinghh.

However, the degree of violence and obstruction of public duties in the judgment is not severe, and the criminal records of the defendant, including the above criminal records, are both criminal records of the defendant, and the defendant does not commit the crime of obstructing the execution of public duties or the crime of causing similar crimes (e.g., the crime of damaging public goods).

b) the Commission;

arrow