logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 목포지원 2020.01.10 2019고단868
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 600,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. At around 01:30 on July 24, 2019, the Defendant assaulted the police officer’s left part part of the arms and the face part of the police officer two times, two times, and one pushed the face part of the police officer, on a large sound, when the police officer of the Jeonnam Police Station, who was called out after having received 112 reports on the front side of the apartment house B, confirmed that there was a dispute over the payment of taxi fares between the Defendant and the taxi officer, and recommended the Defendant to pay the taxi fares and return to the Republic of Korea.

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

2. On July 24, 2019, the Defendant, who violated the Punishment of Minor Offenses Act, was arrested as a flagrant offender on the grounds of obstruction of performance of official duties, and arrived at the police box of the Jeonnam Police Station C, under the influence of alcohol, and conveyed it at the police box, which is a government office, for about 50 minutes, such as passing through sound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. E statements;

1. Application of Acts and subordinate statutes to photographic Acts and subordinate statutes by capturing a report on investigation (as to the column for cancellation of the head of a government office), the circumstantial statement of a host person, black stuffs image, cell phone image, etc.;

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for cancellation by government offices and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: One to five years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [decision of types] of obstruction of the performance of official duties [No person 1]/ coercion of official duties [no person ]. The basic area of recommendation and recommendation [the scope of recommendation field and recommendation range], and imprisonment.

arrow