logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 의성지원 2020.03.12 2020고단29
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 18:20 on January 25, 2020, the Defendant: (a) received a report from 112 on the Defendant’s residence located in Seongbuk-gun B; (b) “I would like to see that I would like to see the Defendant’s petition from Jindong-gun, who was called “I would not drink that I would drink to drink, I would not drink, I would see it; and (c) I would like to see D with me to me; (d) I would like to me to see me, as I continued to refrain from D; and (d) I would like to me to see the above D’s buckbuck, “I would am,” and I would like to see the left part of D’s buck body with drinking.

As a result, the Defendant interfered with police officers' legitimate execution of duties in relation to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of report on internal investigation (No. 3 lists of evidence);

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

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances under Article 62(1) of the Criminal Act: the defendant’s age, environment, character and conduct, motive of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

The favorable circumstances: The defendant's mistake is recognized as the first offender, repents, and the degree of damage is relatively minor.

Unfavorable circumstances: The crime of obstruction of performance of official duties needs to be strictly punished for a crime detrimental to the function of the State by nullifying the legitimate exercise of public authority, and the damaged public officials want the punishment of the defendant.

arrow