logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2016.11.24 2016고단1117
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 5, 2016, the Defendant causing property damage: (a) around 15:40 on September 5, 2016, the Defendant: (b) opened the entrance door to drinking by the Defendant, and opened the door to a shouldered door; and (c) opened the wooden door, used as construction materials for interior use, on the road in front of the victim E, while driving the vehicle on the road, caused damage to the said vehicle to be operated in an amount of KRW 1,495,956 on the repair cost.

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 112신고를 받고 그곳에 출동한 포항북부경찰서 G파출소 소속 경위 H(37세)으로부터 인적사항을 알려달라는 말을 듣자 이에 화가 나 "야 이 씨발 개새끼들아, 너희들은 왜 왔어, 다 죽여 버린다"며 큰소리로 욕설을 하며 H의 오른쪽 허벅지를 2회 걷어찼다.

As a result, the Defendant assaulted He who is a public official in the 112 reported dispatch duty and obstructed the execution of his duties.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each police statement of E and H;

1. A copy of the service log of the G police box;

1. Application of Acts and subordinate statutes to each investigation report (the appendix of a part of damage; the appendix of a written estimate for damage);

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act (the point of obstruction of performance of official duties, the choice of fines), and Article 366 of the Criminal Act for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment stipulated for the crimes of obstruction of performance of official duties heavier than punishment);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The circumstances favorable to the Defendant who committed the instant crime during the grace period in which the Defendant was sentenced to a suspended sentence due to the same type of crime, and the period of grace has not yet elapsed since it was finalized: The crime of causing property damage is due to willful negligence.

arrow