logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.07.15 2015고단1527
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 this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on April 26, 2015, the Defendant: (a) 112 reported that taxi drivers and customers wish each other on the front side of the Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, and sent the case to the above C on the ground that the security guards employed by the Dongdaemun-gu Police Station B police box sent the above taxi engineer after hearing the case from the taxi engineer, and then sent the above taxi engineer, and assaulted the face of the above C once a week.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of reports and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the draft D;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of applicable sentences by law: one month to five years; and

2. Application of the sentencing guidelines (amended by May 15, 2015) (the scope of recommending punishment) (the scope of punishment for the obstruction of performance of official duties) to the basic area (six months to one year and four months) of the obstruction of performance of official duties.

3. Although the Defendant had had been punished for the same kind of crime several times, the crime of obstruction of performance of official duties in this case was committed, the degree of assault is not easy. However, the Defendant appears to be against the crime in this case, the Defendant has no record of the suspension of execution or higher, his life without any particular criminal record since 2001, and other factors of sentencing indicated in the records of this case, such as the background, form, circumstances after the crime in this case, the Defendant’s age, character and conduct, and environment, shall be determined as ordered, taking into account all the factors of sentencing indicated in the records of this case.

It is so decided as per Disposition for the above reasons.

arrow