logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.08.10 2017고단1814
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 May 8, 2017, the Defendant reported on charges with taxi drivers around 02:18.

112 Report Cases on the ground that the Defendant did not handle the case as desired, and found the case as a police box in Songpa-gu Seoul, Songpa-gu, Seoul, with the influence of drinking, by finding the case as a police box C for the Police Station C in Songpa-gu, Seoul, and used approximately 10 minutes of sound to the police officers on service at the above police box, and may be punished for the disturbance within the police box to avoid the disturbance.

In receipt of a warning, the police box sent out of the entrance, and again tried to enter the police box again.

Accordingly, in order for the police officer who belongs to the above police box to keep the defendant free of disturbance, the police officer assaulted D with the above D by "I kn't kn's hand and arms once kn't kn't kn's hand and arms, so I kn't kn't kn't kn't kn's hand and arms, and kn't kn't kn't kn't kn't kn's face in the process.

As above, the Defendant abused police officers, thereby obstructing police officers from performing their legitimate duties concerning the prevention, suppression and investigation of police officers' crimes, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photograph the victim of a violence, CCTV image data taken;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment.

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] The ground for sentencing under Article 62(1) of the Criminal Act where the degree of obstructing the performance of official duties is minor (one month to eight months) in the mitigated area (i.e., assault, intimidation, deceptive scheme, or obstruction of official duties) (i.e., a special mitigated person] [the sentence] the crime of this case is committed by assaulting a police officer in uniform to interfere with the performance of official duties, and it is not good that the crime is committed, and the criminal record is possible, and the defendant's age, sex, environment, motive, means and consequence of the crime.

arrow