logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.27 2020고단2601
공무집행방해
Text

The defendant shall be punished by imprisonment for six months, and the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2020, at around 19:15, the Defendant: (a) confirmed on the second floor of the C building in Jung-gu Seoul, Jung-gu, Seoul; (b) sought a report from the second floor of the C building stating that “the visitors have laid down the arche test and write down the arche,” and (c) sought a 112 report from the circumstances where the Party E belonging to the Seoul Southern Police Station D police box called the Defendant’s statement by listening to the reporter’s statement; and (d) intended to listen to the Defendant’s statement by shouldering the Defendant; and (e) intended to assault the police officer’s bridge, i.e., “this Chewing ice is a police officer,” and (e) tried to see the face of a drinking bright after cutting the bridge on the floor of the frighte.

Accordingly, the defendant interfered with legitimate execution of duties of police officers such as handling 112 reported cases, protecting people's lives, bodies and property, prevention, suppression and investigation of crimes.

Summary of Evidence

1. Legal statement of witness E in part of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Application of the Act on Handling the 112 Reporting Report List to E, CCTV images CDs, and the Act on Cut-off photographs to the police officers;

1. Article 136 (1) of the Criminal Act applicable to the crimes. Article 136 (1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: It shall be so decided as per Disposition on the grounds of six months of imprisonment, suspension of execution, and probation (e.g., ex officio crimes, but there are many penalties related to past violence);

arrow