logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2018.06.14 2018고단279
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 December 28, 2017, the Defendant 01:50 on the front of the G building in Seosan-si on December 28, 2017, and “any person who has ever taken any alcohol shall open a door and have a disturbance.”

“Around 112, a police box affiliated with the Seosan Police Station B that was called the Defendant after having received the report of 112, the Defendant was able to have the Defendant returned home, and the Defendant expressed a bath that “I ambling down,” and that “I ambling down, I ambling the chest of the said police officer by hand, and threatening the head of the said police officer by drinking.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements prepared by D;

1. A report on internal investigation (report on site conditions, etc.);

1. They shall serve as the 112 report processing slips and boxes B;

1. Application of statutes on site photographs;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below) is [the scope of the recommendation] interference with the performance of official duties, and there is no person [the person subject to special sentencing] in the basic area (from June to January 1) (the special sentencing person] [the decision of sentence] [the six months] imprisonment with prison labor, and one year suspended execution, this case is not a crime that interferes with the performance of official duties due to a desire for police officers on duty and a threat.

However, the following facts are considered: (a) the defendant's mistake and reflects the defendant's mistake; (b) the fact that the defendant has not been subject to punishment; (c) the defendant has never been subject to punishment; and (d) there are no previous convictions who have been subject to punishment more severe than fines during that period; (d) the defendant's age, sexual conduct, motive and background of the crime; (e) the means and consequence of the crime; and (e) the circumstances after the crime, etc., and the various factors of sentencing as shown in the records and theories of this case, such as the records of this case

arrow