logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2017.01.11 2016고단1665
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

1. On September 5, 2016, the Defendant committed a crime on September 5, 2016, filed a report on September 23:17, 2016 with the police officer D (34 years) dispatched after requesting the dispatch of the road prior to C, and having reported on September 5, 2016.

It is called the week at the patrol lane.

“Along with the view to seeing that he or she would be able to return home by using other means of transportation from the Gyeong-do-ro, the knee of the Gyeong-do-ro, and assaulting the knee of the knee-do-ro to walk once.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. The Defendant committed the crime of September 6, 2016, at around 00:40 on September 6, 2016, in the investigation and detention room of “Saly Police Station” located in E, and on the ground that he was arrested as an offender in the act of committing the crime of paragraph 1, and did not immediately unbold the locks, the Defendant assaulted the police officer D’s satisfy on one occasion due to a satch.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the reduction of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of the Acts and subordinate statutes to investigation reports (referring to video CDs and caps photographs);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. The scope of the recommended punishment according to the sentencing guidelines for the Supreme Court [the scope of the recommended punishment] and the basic area (six months to one year and four months) (the prevention of interference with the performance of public duties and coercion of duties) of the type 1 (the prevention of interference with the performance of public duties and coercion of duties) is nonexistent;

2. Determination of sentence - Determination of favorable circumstances: deemed to reflect; and

(k) Unfavorable circumstances: The nature of the crime of this case committed by assaulting a police officer who has been regularly and the records of being punished for violent crimes are several times;

- Other conditions of sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, and circumstances after the crime.

arrow