logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2015.07.21 2015고단376
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On May 1, 2015, at around 22:15, the Defendant assaulted the Defendant, prior to the original city, C, who received 112 reports and received inquiries about the circumstances of the instant case from the slope belonging to the D District Unit of the Seoul Police Station D District, which called the Defendant, and took a bath that the Defendant could not enter the said E, and caused the Defendant to tear the shape of the clothes where the Defendant was suffering from the said E, by cutting down the breath and shakeing the breath.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A copy of each working place;

1. Application of statutes on site photographs;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Education [Determination of Punishment] - Types 1 (Obstruction of Performance of Official Duties/Compulsory Obstruction of Performance of Official Duties) - Where the degree of assault, intimidation and deceptive scheme is minor [the scope of recommendation, recommendation] mitigation area, one month or August [whether suspended sentence is suspended] where the degree of assault, intimidation and deceptive scheme is minor - If the positive reasons for major participation is minor - If the degree of assault, intimidation and deceptive scheme is minor, it is positive that there is no effort to recover damage - there is no positive reason for general participation : 4 months of imprisonment with prison labor, one year of suspended sentence, one year of probation, and order to attend education: The defendant committed assault against a police officer who makes a legitimate performance of official duties.

In addition, there is a history of punishment twice by violence.

However, the defendant's mistake is against the defendant, and the degree of violence is relatively weak.

In consideration of these circumstances, the punishment as ordered shall be determined.

arrow