logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.11.24 2016고단2231
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 27, 2016, at around 05:05, the Defendant: (a) committed violence, such as the removal of a brub, which was sealed by the police officer’s chest, on the ground that the police officer E, etc., who was called to the site after having received a report on the 112-day Seoul Gwangjin-gu Multi-household, stating “I am going to the same desire and was on duty;” and (b) requested that the police officer E, etc., belonging to the Seoul Mine Police Station Down-gu Police Station, who was called to the site use a new wall for the Defendant and enter the house; (c) thereby obstructing the police officer’s lawful performance of duties concerning the prevention and investigation of the crime, public peace and order, and maintenance of public order.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. On the spot and victim photographs (the defendant was on the house to do so, and the police officer arrested the defendant, and the defendant did not exercise all tangible power to police officers. However, according to evidence such as E's statement, criminal facts in the judgment are sufficiently recognized, according to the results of the reproduction of on-site documentary evidence, it is difficult to obtain a vindication that the defendant was on duty to do so to do so in a very under the influence of alcohol according to the results of the reproduction of on-site evidence evidence, it is difficult to obtain a vindication that the defendant was on duty

1. The relevant Article of the Criminal Act, Article 136 (1) of the Criminal Act, the grounds for sentencing choice of imprisonment, and the reasons for sentencing;

1. Scope of recommendations on the sentencing criteria: Imprisonment with prison labor for up to six months and up to April 1, the basic area of the obstruction of performance of official duties (performance of official duties) (up to six months to one year and four months) - No special person: No person shall be punished;

2. The fact that the degree of assault against the police officer of the defendant's decision on sentencing does not depend on the degree of assault is favorable to the defendant.

However, the defendant, under the influence of alcohol at the new wall time that adjoins, did not comply with the police officer's restraint and assault the police officer without complying with the police officer's restraint who called out to the adjoining report, and is punished for violent crimes.

arrow