logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.04.28 2016고단287
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 20:48 on January 23, 2016, the Defendant: (a) 112 Report (N.O.893) was sent to Guro-gu, Seoul, and received a request from the police officer D to present an identification card; (b) expressed the Defendant’s identification card; (c) expressed the Defendant’s identification card; and (d) continuously expressed the face of the said D on his own hand, who was requested to present an identification card at the district group located in the same Gu E around 21:05 on the same day, and obstructed the police officer’s legitimate performance of duties concerning the performance of duties of reporting 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the screen for suspension of CCTV images;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant committed an act, such as photographing a police officer who performs public duties in the police station and pressing breathing him/her with face, and that he/she has been punished for the same kind of crime, the responsibility for the crime is not easy.

However, even though the defendant has been punished for the same kind of crime in 1995, 20 years have passed since he was punished for the same crime, there was no record of punishment in addition to punishment once after being punished by a fine, the defendant's mistake is divided and reflected, and all the other factors of sentencing are considered, and the punishment is determined like the order.

arrow