logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2017.10.31 2016고단395
공무집행방해등
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 18, 2016, at around 03:30 on May 18, 2016, the Defendant: (a) reported that the Defendant was required to take protective measures against the Defendant at the parking lot of the police box located in the Gangwon-gun; (b) and (c) the police officer slope E and the police officer F, who called the Defendant at the 112 patrol police box, sent to the Defendant at the 112 patrol box, expressed that he would have the Defendant get the Defendant to get the Defendant to her. (c) The Defendant expressed that “I, she must do so,” while taking the bath to “I, she shall do so, she would have the left side of the police officer E at one time as drinking.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in the course of performing protective measures.

2. On May 18, 2016, the Defendant who interfered with his/her duties does not leave around 03:40 on May 18, 2016

The appeal was sent by the 119 first-aid vehicle to H hospital located in Gangwon-gun G.

From around that time to around 05:00 on May 18, 2016, the Defendant: (a) took the floor of the original hospital and the atmosphere room; and (b) took the bath to the persons related to the above hospital as “assembling the dog,” and rejected the treatment on the floor, thereby obstructing the treatment work of the affected hospital by force over approximately one hour and thirty (30) minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of I and J;

1. A report on internal investigation:

1. Application of statutes on site photographs;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Crimes 1 (Obstruction of Duties) (Scope of Recommendation) and obstruction of duties; Type 1 (Obstruction of Duties) (Interference with 6 months to 1 June);

(b) Class 2 Crimes (Obstruction of Execution of Official Duties) / [Scope of Recommendation] Interference with Execution of Official Duties, Type 1 (Obstruction of Execution of Official Duties/ Compellion of Duties). Basic area (six months to one year and four months)

(c) The scope of final sentence due to the aggravation of multiple offenses: Six months to two months; and

2. Determination of sentence: The defendant each of the instant cases.

arrow