logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.12 2014고단8837
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

On August 23, 2014, at around 01:50, the Defendant reported to the police on the ground that he was unable to have a wind in the Gwanak-gu Seoul Special Metropolitan City's residential area, and the Defendant sent to the site by the police officer, a police officer belonging to the Seoul Gwanak Police Station D District D District, on the ground that the police officer sent to the site, he left the spot on two hand on four occasions, and buckbucks, bucks, and bucks, bucks, which were placed adjacent to the slope F, and bucks, were displayed on the body of the Defendant at one time at one time, and the Defendant committed assault, such as brooms and bucks, with the hand and bucks, and interfered with the legitimate execution of duties by the police officer in relation to the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of the Acts and subordinate statutes to photographs of police officers dispatched;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed for the crimes of obstruction of performance of official duties against heavier F);

1. Selection of imprisonment with prison labor chosen;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Performance of Official Duties (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Suspension of Execution) is that the basic area (Article 6 months of imprisonment or one year and four months of imprisonment), where the degree of violence, intimidation, and deceptive scheme is minor, and where there are many public officials who have suffered damage (Article 62(1) of the Act on the Suspension of Execution of Execution of Official Duties).

However, the extent of assault is relatively heavy, there is no history of punishment for the defendant exceeding a fine, and the defendant deposited a certain amount for the police officers who suffered damage against the defendant's wrong. In addition, the defendant's various factors of sentencing indicated in the records, such as the background leading to the crime of this case, the age, character and conduct, environment, and circumstances before and after the crime of this case, shall be considered.

arrow