logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.02.04 2015고단3847
공무집행방해등
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

1. The Defendant, around December 3, 2015, 06:45, 206: (a) around the street of Gangdong-gu Seoul Metropolitan Government, c (30 years of age) with parking expenses for the victim C (30 years of age) in front of Gangdong-gu, Seoul.

"........ with the floor of the victim, the victim's left kneeped once, and assaulted the victim's face once again.

2. The Defendant interfered with the performance of official duties at the above date, time, and place of 112 and received a request for presentation of identification cards from E affiliated with the Seoul Gangnam Police Station D police box, and expressed the desire to “I am sing off this sing out. I am sing out. I am sing out, sing out, sing out, sing out, sing out,” and assaulting the above police officer’s face on the left side, thereby hindering the police officer’s legitimate performance of duties concerning the prevention, suppression and investigation of crimes, public peace and order maintenance.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

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 stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to Attend Courses;

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Category 1 (Interference with the Execution of Official Duties) (Interference with the Execution of Official Duties) is the basic area (six months to one year and four months), and there is no special sentencing factor:

(b) No person who has committed a second-class crime (Assault) in the basic area (from February to October) (no person shall be subject to special sentencing).

(c) The scope of final sentence due to the aggravation of multiple offenses: From six months to one year and nine months;

2. Circumstances unfavorable to the decision of sentence: The victim has the record of the same crime even before the sentence is rendered, and the victim has committed each of the crimes of this case again, on the ground of minor cost.

arrow