logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.06.29 2020고단110
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 22:40 on November 27, 2019, the Defendant: (a) when the Defendant took the head of the delivery engineer’s home on the ground that he was “in anywhere a taxi exists;” (b) when the Defendant was asked to assist the above delivery engineer during the patrol while boarding the patrol car No. 52, the Defendant took part in D’s official play, which was part of D’s el, in order to restrain the Defendant’s assault.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers.

Summary of Evidence

1. The defendant's legal statement D, each police statement about E;

1. Application of statutes on site photographs;

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

1. Scope of punishment by law: One month to five years;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] the obstruction of performance of official duties (category 1] and the absence of the obstruction of performance of official duties [the scope of the recommended area and the scope of the recommended punishment], the basic area of the obstruction of performance of official duties (the scope of the recommended area and the recommendation), six months to one year and six months.

3. Determination of sentence: The crime of this case for two years of suspended sentence for eight months is committed by a police officer who has received a request to assist and help a defendant by assaulting a delivery engineer only when the defendant passed, and the crime is not likely to be committed in light of the circumstances of the crime, contents, etc.

The defendant has been punished several times for violent crimes, and in particular, on May 2, 2018, he was sentenced to a suspended sentence of 8 months for a special assault by the District Court of Jung-gu on the grounds of imprisonment with prison labor for 8 months, and again committed the instant crime during the suspended execution period after the above judgment became final and conclusive (the suspended execution period as of the date of the judgment was imposed): Provided, That the fact that the defendant is recognized to commit a crime, and that the defendant inflicts a police officer after the conclusion

arrow