(영문) 서울남부지방법원 2016.12.07 2016고단4645

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.12.07 2016고단4645

공무집행방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 15, 2016, at the multi-family house located in Geumcheon-gu Seoul Metropolitan Government on September 18, 2016, the Defendant: (a) committed assault against the Defendant, i.e., a slopeD affiliated with the Seoul Geumcheon Police Station C District, which called the Defendant after receiving 112 reports, to issue a notification notification to the Defendant with the “ negative address disturbance”; and (b) a slope D, who provided a sloping, with the Defendant’s desire, such as the “nick, net shots, and Chewing shots,” she exceeded the clothes of the Defendant’s heading, went against the face of the slope D; and (c) a sloping part of the back water level of the sloped D with the hand floor at one time.

Accordingly, the Defendant assaulted a police officer as above and obstructed the police officer’s legitimate performance of duties concerning the handling of 112 reports and patrols.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of Article 334(1) of the Provisional Payment Order is that the act of assaulting a police officer performing a legitimate official duty and obstructing the performance of his official duty is not against the nature of the crime, and that the defendant was sentenced to a fine for insult by taking a bath against the police officer in 2009.

On the other hand, the punishment as ordered shall be determined in consideration of the fact that the defendant makes a confession of his mistake and reflects, the fact that there is no record of criminal punishment except the above fine, and the conditions of sentencing specified in records and arguments.

(The sentencing criteria are not applicable because of the sentence of fine).

참조조문

유사 판례

-창원지방법원 마산지원 2021.04.23 2020고단1218

-서울남부지방법원 2015.11.18 2015고단3505

-청주지방법원 2019.09.27 2018노1129

-수원지방법원 안양지원 2015.08.20 2015고단908

-제주지방법원 2016.11.24 2016고단2080