logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.05.15 2015고단664
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 of the final judgment.

Reasons

Punishment of the crime

On February 23, 2015, at around 23:00, the Defendant: (a) moved to a police box after receiving 112 report from the above main week D and Si guard due to the drinking value problem; (b) was sent to the police officer who called out after receiving 112 report; and (c) was subject to preventive measures; and (d) returned home.

On February 12, 2015, at around 00:10, the Defendant: (a) sought a police box located in the Yangcheon-gu Seoul Metropolitan Government F, on the ground that the police officer was accompanied at the expense of the drinking value, and took a bath again on the ground that the police officer respondeded to a fluorous response at the time of being accompanied, and (b) issued a police officer’s slope G, who was working in the military by avoiding disturbance, with a nearby disturbance, issued a police officer’s notice of committing a crime; (c) issued a notice; and (d) issued a notice to the police officer, and (d) continued to leave a slope G, as it would be possible for the police officer to remove the police officer, the Defendant obstructed the police officer’s performance of official duties and criminal investigation by assaulting the police officer, such as fluoring him/her, and interfere with the police officer’s performance of official duties and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes to each investigation report (related to telephone investigation and face-to-face identification of suspects);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and Article 59 of the Act on Probation, etc. [Scope of Recommendation] There is no basic area (6 to 1 year and 4 months) of the obstruction of performance of official duties (special person) [decision of sentence] [decision of sentence] Defendant has the history of being sentenced to a fine twice for the same crime, and there is a need for strict punishment of obstruction of performance of official duties in order to block the light of public authority and to create a social atmosphere that respects laws and principles. However, Defendant is also subject to the instant punishment.

arrow