logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 마산지원 2018.06.26 2018고단423
공무집행방해
Text

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

Reasons

Criminal facts

On February 2, 2018, the Defendant received a report from “C” restaurant located in Masan-si B, Changwon-si, Changwon-si, Masan-si, and received a notification from “C,” 112 that “The Defendant was assaulted against the Defendant,” and received the personal information, details, etc. from the slope E belonging to the Masan-si Police Station:

I see. I am with my mind. I am h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'h'

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

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

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of punishment by imprisonment: One month to five years;

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: Imprisonment with prison labor for a period of four months, there is a circumstance that the degree of violence and obstruction of official duty is not heavier than that of the crime.

However, there have been 19 criminal records in the defendant so far, and among them, there have been 15 criminal records due to violence, and there have also been two criminal records that have committed obstruction of the execution of official duties.

In particular, the criminal records, who had been subject to the suspension of the execution of official duties on the two occasions, were punished by imprisonment with prison labor, and the criminal defendant, who was expected to open several times, and was in the first place by the court, has committed a crime repeatedly and repeatedly.

Considering these circumstances, the defendant does not have any circumstances to take into account any more.

B. A fine or suspended execution shall be imposed on a defendant by a child.

arrow