logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.23 2015고단5004
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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 20, 2015, at around 00:25, the Defendant: (a) was asked to refrain from smoking in a room from a police officer belonging to the Incheon Southern Police Station C District of the Incheon Southern Police Station, a police officer belonging to the Incheon Southern Police Station C District, who was dispatched after receiving a report from 112, on July 20, 2015; and (b) was assaulted by the Defendant, “I am for smoking in our house, I am for smoking, I am for Embry, I am for Embry, I am for Embry, I am for Embry, I am for Embrying, and I am for D slope.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E, D, F, and G;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of the sentencing guidelines for recommendation [the scope of the sentencing guidelines] the basic area (six months to one year and four months) of the obstruction of performance of official duties (the obstruction of performance of official duties and coercion of official duties) (no person specially punished);

2. The Defendant’s decision on the sentence of this case recognized the instant crime and reflects the fact that there is no record of the suspended sentence or more, under favorable circumstances, that the instant crime was committed by assaulting the police officers in uniform called out after receiving a report 112, and that the nature of the instant crime was extremely poor, shall be considered in light of extenuating circumstances, and the punishment as ordered shall be determined by taking into account the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc.

arrow