logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2021.03.05 2020고단3329
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2020, the Defendant: (a) discovered the Defendant, at the street in front of the “C District Zone” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu; (b) reported at around 20:57 on the same day, “Is the principal in front of a kindergarten, leaving the Defendant in front of the kindergarten, who is able to take custody of the Defendant’s seat while under the influence of alcohol; (c) contacted the Defendant’s his seat; and (d) moved the Defendant to the district as C with the Defendant’s seat; and (d) took the Defendant her seat at the C District, and then, (e) took the Defendant in front of the C District so that I can sit up in the C District, and (e) assault the said D’s clothes by continuously harming the said D, leading the said D to drinking.

Accordingly, the defendant assaulted police officers who perform legitimate duties concerning the protection of life, body and property of the people.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. 112 Application of the 112 Report Processing Schedule and the Investigation Report (CCTV Video Image Analysis)-Related Acts and subordinate statutes;

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

1. Scope of the recommended punishment according to the sentencing guidelines / [type 1] Interference in the performance of official duties on the grounds of a crime interfering with the performance of official duties; [No person subject to special sentencing] [the territory of recommendations and the scope of punishment] basic area; six months to one year and six months;

2. The Defendant, who was sentenced to a sentence, expressed a desire to the police officer in uniform and used violence. Such an act is likely to criticize not only because it interferes with the police officer’s duty to maintain the order, but also may promote light of legal order and public authority.

The degree of exercise of tangible power is light;

shall not be deemed to exist.

However, the defendant recognized his mistake as a first offense, and is against himself.

Currently, the health of elderly is not good.

In addition, the defendant's age, sex, environment, and motive, means, and result of the crime.

arrow