logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.10.30 2019고단2974
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 4, 2019, at around 23:00, the Defendant attempted to destroy even the string of the back seat of a taxi owned by the victim C Co., Ltd. and to take a bath to E, without any particular reason, while driving around the back seat of the Seoul Mapo-gu Seoul, which is operated by B, while drunking on the back seat of a taxi owned by the victim C Co., Ltd., and walking the front string, and again, attempted to destroy even the string of the string seat by walking the front string, but the string of the strings of the strings of the strings of the strings

2. On July 4, 2019, the Defendant arrested a flagrant offender on the grounds of the facts described in paragraph (1) on July 4, 2019. On July 5, 2019, around 00:05, the Defendant refused to board the Mapo Police Station G Security Center located in Mapo-gu Seoul, for the patrol vehicle that transferred to the Mapo Police Station near the Mapo Police Station G Security Center. On July 5, 2019, the police officer I, who is the H of the Mapo Police Station, was assaulted twice by asking the upper part of the I’s right shoulder.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I and E;

1. Each investigation report (the analysis of CCTV image data outside the G Public Security Center, the detailed photograph submitted by the damaged police officers, the report on the telephone statement hearing of the victim I police officers, and the report on the victim E-mail statement hearing);

1. Photographs of damage caused by taxi vehicles, and application of police officers' photographic Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 371 and 366 of the Criminal Act that choose punishment, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one to seven years;

2. The scope of the recommended sentence according to the sentencing guidelines (a decision of type) shall be the obstruction of performance of official duties.

arrow