logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.08.23 2017고단2312
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment 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 4, 2017, the Defendant: (a) placed on a taxi in front of the gas station C, located in Geumcheon-gu Seoul, Geumcheon-gu Seoul, by police officers E, etc. belonging to the Seoul Geumcheon Police Station D police station, which was dispatched after receiving a report on taxi-free riding, and subsequently obstructed police officers’ legitimate performance of duties concerning the handling of the reported case, etc. by assaulting police officers E, etc. by using the method of sending the vehicle to the delivery of the Defendant, thereby obstructing the police officers’ legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for witnesses);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. The scope of recommended punishment according to the sentencing guidelines [the types of decisions] the scope of punishment [the scope of punishment [the area of recommendation and the scope of punishment], the basic area where there is no person who has been forced to perform his/her duties (the type 1], and six months to one year and six months;

3. There is no reason for the suspension of execution [main reason for the suspension of execution] [General reason] positive: Serious reflection, or there is no criminal conviction or more for the suspension of execution.

4. The act of assaulting a police officer performing official duties, such as the instant crime, and obstructing the performance of official duties, is not against the nature of the crime.

However, the punishment as ordered shall be determined by taking into account the fact that the defendant made a confession of his/her mistake and reflects, the fact that there is no previous criminal conviction or more than the suspension of execution, and the conditions of sentencing as shown in the records and arguments.

arrow