logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.08.10 2017고단2785
공무집행방해
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 26, 2017, the Defendant followed the D Hospital located in Gwangjubuk-gu, Gwangju, about 21:40 on May 26, 2017, to avoid disturbance, such as having a dispute with the patients of the said hospital due to a smoke of tobacco at the parking lot, etc., after receiving a report from 112, and tried to verify the fact that the F and Gman had been a fine for the Defendant, and to arrest the Defendant, the Defendant’s own “I reported.”

The term "" was kneeed with sound, kneeked with the upper part of the F, kneek with knee on the upper part, and the timber of F was cut on both legs.

Accordingly, the Defendant interfered with the police officer’s legitimate performance of duties concerning the execution of punishment, and the summary of the evidence as above.

1. Statement by the defendant in court;

1. Each police statement made to F, H, and I;

1. 112 A list of reported cases;

1. Reporting on the arrest of a fine by the relevant prisoner;

1. Images of the background Furines, CCTV images taken;

1. Application of Acts and subordinate statutes to investigative reports (the details of G telephone conversations) to patrolmen;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (six months to one year and four months) (no person subject to special sentencing] shall interfere with the performance of public duties;

2. According to the decision of sentence, comprehensively taking into account all the sentencing conditions in the instant case, such as the circumstances as the Defendant’s age, sex, environment, the background and result of the instant crime, and the circumstances after the commission of the crime, the sentence shall be determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

There is a family member to support the defendant.

Unfavorable circumstances: The nature of crimes is not good in light of the criminal law of the defendant.

It is necessary to strictly punish police officers in order to enhance their trust in the national public authority.

arrow