logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 영월지원 2017.12.12 2017고단352
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 15, 2017, the Defendant 01:15, at a police station located in the Gangwon-gun C, sent a mobile phone to police officers E who functioned as a sound recording at the police station located in the Gangwon-gun C on August 15, 2017, and intended to take the test and test (F).

“....” and “..... the police officer is not wishing to do so,”

Here, we need to see that we can see if we can see it.

"Past" means the defendant's arms and sacrificing, and the defendant's arms were released out of the police box, and approximately four times the shouldered by hand after roots the arms of the above police officer.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties on the situation service of police boxes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. G statements;

1. Details of the case report

1. The work log and the list of reported cases;

1. Application of investigation report (CCTV image analysis-Obstruction of Official Duties) Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. Acts by the defendant in facts constituting the offense of the alleged crime shall constitute legitimate defense;

2. In order for a certain act to be recognized as a legitimate defense, it must be reasonable to defend against the current infringement of one’s own or another’s legal interest. Thus, a legitimate defense against an unlawful and lawful infringement is not recognized. Whether a defense act is reasonable socially should be determined by taking into account all specific circumstances, such as the type and degree of the legal interest infringed by an act of infringement, the method of infringement, the level of completion of the act of infringement, and the type and degree of the legal interest to be infringed by the act of defense (see, e.g., Supreme Court Decision 2003Do3606, Nov. 13, 2003).

arrow