logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.04.14 2017고단868
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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

1. On January 27, 2017, the Defendant: (a) around 21:30, in a restaurant in Seo-gu, Seo-gu, Incheon, Seo-gu; (b) claimed that his/her own child, who is another customer, and in the room of the infant; and (c) during the dispute with C, he/she sawd the customer.

As a result of the report of 112 on the contents of “E” from the police officer belonging to the Incheon Western Police Station D District United to the site, E was able to take a bath by “two son ....” and “protruding ......................................” with both hand, the chest part of E was pushed over the floor.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

2. At the time of the day specified in paragraph 1, the Defendant obstructed the victim’s restaurant business by force for about 40 minutes, such as: (a) the restaurant specified in paragraph 1 operated by the Victim F, and between C, as described in paragraph 1, and (b) the c; (c) the c) the c) the c); (d) the c) the c (e) the c) the c) the c (e.g., the c) the c) the c) and the c) the c)

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute of G, H and F

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (an aggravated punishment for concurrent crimes against a person who interferes with heavier business affairs);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Category 1 (Obstruction of Execution of Official Duties) (Interference with Determination) (Interference with Execution of Official Duties) (Interference with Execution of Official Duties) (Determination of the recommended territory), the basic area [Determination of the recommended territory] [the scope of punishment] from six months to one year [whether suspended sentence is suspended] - The positive reasons for general consideration: social ties.

arrow