logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.10.27 2017고단6109
공무집행방해
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2017, around 09:30 on July 26, 2017, the Defendant reported that a assault was committed on the street front of the D main points in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, and received a report, and the police officer F of the Gyeyang Police Station E District, dispatched, prevented the Defendant from acting, and “F was frighted,”

The theory of why is, such as why is, and is, frighten, frighten, and frighten, was used, and assaulted by hand, such as frightening at one time the chest, frightening the breath, and frightening.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement statement with H and F (Interference with the performance of public duties);

1. Each police statement made to I and J;

1. Application of the Acts and subordinate statutes concerning the closure of a spati image;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment according to the sentencing guidelines [the types of decisions] the basic area [the scope of the recommended punishment] the basic area [the scope of the recommended punishment] shall be six months to one year and six months; and

2. Whether or not a stay of execution (general circumstances): - There is no serious reflect, there is no criminal record of a stay of execution or more, and the detention of the defendant entails excessive difficulties for his/her dependants;

3. Where a defendant commits an offense against a person who was under the influence of alcohol and a police officer dispatched after receiving a report on his/her body while in fighting, the crime shall not be deemed to be the quality of such offense;

The defendant has a past record of criminal punishment twice, and among them, he/she has been punished for the same criminal record as that of obstructing the execution of official duties.

Such a crime is not justified solely on the ground that it is an act in the state, and there is a need to punish strictly for the protection of the national law and order and the function of public authority.

However, the defendant is not guilty.

arrow