logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.05.20 2019고단5226
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 30, 2019, the Defendant was smoking tobacco at the Cju store located in Gwangju Northern-gu, Gwangju, on November 30, 2019, and reported to the police officer D, etc. who called up after receiving 112 a report that there was a person who would smoke in smoking at the main shop, and received. Before notifying the reporter, the Defendant returned to the police officer D, etc. who called up. B. The police officer arrested the reporter with a good mind. There is no difference between the police officer and the house. There is no difference between the taxi cost and the house. The police officer would be able to collect the taxi, and the police officer would be unable to open the door of the patrol vehicle. The Defendant assaulted the police officer, such as booming the bridge D’s bridge, and booming the two arms of the said D.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of F, D, and G;

1. The place where he works in the H District;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

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

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

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for four months and one year of suspended sentence; and

4. Although the degree of assault against police officers performing official duties for sentencing is relatively minor, there are several criminal records, including violence-related criminal records, the most recent criminal records are 2008 years, and the defendant's age, character and conduct, environment, etc., are determined as stated in the order of sentencing and the execution of the sentence is suspended.

arrow