logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.09.01 2016고단1964
공무집행방해
Text

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

At around 23:00 on April 14, 2016, the Defendant: (a) stated that “D key points” located in Scheon-si C are “D key points, a drunk guest, takes the floor in the place of business; (b) the police officer, who was a police officer belonging to the Seocheon Police Station E District Unit of the Macheon Police Station, sent out after receiving a report of 112, caused the Defendant’s body by shakening the Defendant; and (c) said police officer, who was a police officer assigned to the E District Unit of the Macheon Police Station, was able to sit back and her home to the latter and demanded her home to move to the latter; and (d) said police officer, who was able to take a bath at one time at the left side of the F, thereby interfering with the police officer’s legitimate performance of duties concerning the handling of the report case.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement;

1. Application of Acts and subordinate statutes to video photographic data;

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

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act on Probation and Order to Attend Education [Scope of Recommendation] There is no basic area (6-1-1-4 months) of the obstruction of performance of official duties (6-1-4 months), i.e., the basic area of the obstruction of performance of official duties (6-1-4 months). [Determination of sentence] Defendant committed violence against a police official who performs official duties by taking a uniform and performing assault.

A police officer in charge of maintaining social order and performing public duties is always exposed to danger. As such, the above attitude of disregarding the public authority of the State, disregarding the legal order, and in particular, it is necessary to punish a police officer in charge of performing official duties with strict punishment for an offense of violence.

However, the sentencing conditions shown in pleadings, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, the situation after the crime, etc., shall be equally considered and determined as the order.

arrow