logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.01.26 2016고단4603
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On June 14, 2016, at around 01:25, the Defendant: (a) notified the 112 police officer E of the Seoul Middle-gu Police Station D police box called to the site after receiving a report from 112 from among the fluences, such as the fluoring of illness, at a ritain restaurant located in Seoul Jung-gu Seoul Central Government Office C, that he was arrested of the current offender under suspicion of interference with business; (b) while taking a bath to the said E, the Defendant fluoring the face, shing the face, and fluoring the inside of the said E wearing, and fluoring the face of the said E.

Accordingly, the defendant assaulted the above E who is a police official and obstructed legitimate execution of duties concerning the prevention and suppression of the above E crime.

2. On June 14, 2016, at around 01:50, the Defendant: (a) was arrested by a police box located in the Seoul Southern-gu, Seoul, and waiting for the preparation, etc. of relevant documents from the police box to a current offender; (b) was able to take several times the body of the above G with his body; (c) took the body body of the said G while carrying out the bath that the said G would have himself/herself go to the said G; and (d) attempted to look at the said G with kneee.

As a result, the defendant assaulted the above G who is a police official and obstructed legitimate execution of duties concerning the prevention and suppression of the above G crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to H, E, and G;

1. A H statement;

1. Five copies of a photograph, such as the site;

1. Application of Acts and subordinate statutes to a criminal investigation report (a photograph attached to an I restaurant, which is the site of the case);

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] shall be limited to the aggravated area (a year or more of imprisonment).

arrow