logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 안동지원 2019.03.22 2018고단776
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around December 15, 2018, the Defendant heard the phrase “C” on the front of the permanent residence city B, “C” on the front of the 112-round 19:34, 2018 permanent residence, and “the principal offender is getting off, off, and walked on the road” from E affiliated with the D District Unit of the Permanent Police Station called “I am on how I am sexual,? I am to come, I am to come, I am to come, I am to come, I am to come, I am to come, I am to come, I am, I am, I am, I am, I am to this son, and I am am to am.” The Defendant continued to do the Defendant’s permanent residence.

As a result, the Defendant interfered with the legitimate execution of duties by police officers who called up to the 112 Report.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. 112. List of reported cases;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Although an ordinary concurrent prosecutor was prosecuted for committing the crime of obstruction of the performance of official duties, in light of the Supreme Court Decision 2009Do3505 Decided June 25, 2009, etc., the crime of obstruction of the performance of official duties against each police officer seems to be in the relationship of ordinary concurrence.

Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Sentencing Criteria (Scope of Recommendation) : Type 1 (Obstruction of Performance of Official Duties) and the basic area (six months to one year and six months) of the obstruction of performance of official duties; and

2. The Defendant, upon receiving 112 report, expressed a desire for the police officer in uniform called out, and committed violence.

This act not only interferes with the police officer's duty to maintain order, but also can promote light of law and order and public authority.

arrow