logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2020.11.27 2020고단3350
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 became final and conclusive.

Reasons

Punishment of the crime

On October 1, 2020, at around 03:20, the Defendant: (a) sought the vehicle from the police box located in Songpa-gu Seoul, Songpa-gu, Seoul to which he was unable to take the influence of alcohol; (b) changed to that Do; (c) at present, the Defendant used D to inquire of the vehicle on which he was called “the name of the owner of the vehicle would be her mother”; and (d) expressed D that “the name of the owner of the vehicle would not be her mother?” while carrying out the desire to read “the name of the owner of the vehicle?” on his hand, the Defendant used D to commit assault, such as her flick-gu flick-gu, and her flick-gu flick-gu flick-gu flick-gu flick, and her flick-gu flick-gu flick-gu flick, and thereby interfere with the legitimate execution of duties by the police officer on the instant report

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes on video CDs in the 112 Report on Investigation by the Prosecutor’s Office (SP No. 12- Hearing of witnesses E) (CCTV’s video analysis), the date of service for the investigation report by the Prosecutor’s Office (CCTV’s video analysis), the photograph of the 112 Report

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. Determination of sentence: Imprisonment with prison labor for eight months, suspended execution for two years, the crime of this case committed by a police official who was dispatched after receiving a report of 112 shall be deemed to have committed an assault and assault, and the nature of the crime shall not be good;

However, the defendant shows his attitude against his mistake and does not repeat again, and the age, character, character, environment, family relationship of the defendant, the circumstances and result leading to the crime of this case, and the situation after the crime.

arrow