logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2020.02.25 2019고단1281
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 December 5, 2019, at around 00:18, the Defendant 112 reported 112 at the window of “C” located in Changwon-si, Changwon-si B that the said restaurant business owner did spawn and did not spawn, and the Defendant spawned from E to the police box belonging to the Mguan Police Station of the Mguan Police Station called “Ispan, Ispan, Ispan, Ispan, Ispan, Ispan, Ispan, Ispan, Ispan’s face with the victim’s face one time, and assaulted the victim’s face.

As a result, the defendant assaulted the above police officer and interfered with his legitimate execution of duties concerning the handling of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

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

2. The scope of the recommended sentence according to the sentencing guidelines [decision of type] the obstruction of performance of official duties [Type 1]/ the obstruction of performance of official duties [the scope of recommendations and recommendations] no person shall be subject to the coercion of official duties [the scope of recommendations and recommendations]. The basic area of recommendation, six months to one year and six months.

3. The Defendant: (a) committed an assault, such as taking a police officer’s desire to restrain him/her; (b) taking the face of a police officer; and (c) obstructed the performance of official duties.

The nature of the crime is not good by imposing direct attack on police officers.

However, the defendant recognizes and reflects the crime.

Even if the police officer did not have any injury.

The degree of violence is relatively weak.

There is no record of punishment for the same crime and there is no punishment sentenced.

In addition, all of the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

arrow