(영문) 서울북부지방법원 2020.01.16 2019고단3586

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) 서울북부지방법원 2020.01.16 2019고단3586

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Criminal facts

On August 25, 2019, the Defendant: (a) on the front side of Seongbuk-gu Seoul Metropolitan Government, on August 21:40, 2019, the Defendant: (b) asked the police officer to question “whether he wishes to go to a reporter”; (c) the police officer, who was called the 112-reported taxi engineer and the 112-reported taxi engineer, appears to be in the presence of the reporter; and (d) the police officer, who was called the b) the b) the b) the b) the c (i) the c) the c (i) the c) the c) the c) the c) the c (i) the c) the c) the c) the c) the c) the c) the c) the c) the c) the c) the c

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. E statements;

1. Investigation reports (shot photographs of damaged parts), - Application of photographic Acts and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Crimes of violence committed against police officers in the course of performing official duties on the justifiable grounds of sentencing under Article 62-2 of the Criminal Act, and the defendant's liability for such crimes is not somewhat weak.

The defendant has been punished several times due to past violent crimes, and has been sentenced to a fine for obstruction of performance of official duties.

However, considering the fact that the degree of exercise of force is not much important, the fact that the defendant's mistake is recognized, the punishment shall be determined in consideration of all the sentencing conditions prescribed by Article 51 of the Criminal Act, such as family relationship of the defendant, motive and circumstance of the crime, etc., and the attendance of violent therapy and community service shall be also ordered to prevent

참조조문

유사 판례

-청주지방법원 2018.11.30 2018고단2206

-수원지방법원 2015.06.19 2014노6768

-대구지방법원 2013.07.18 2013고정1377

-서울북부지방법원 2014.02.10 2014고정171

-서울북부지방법원 2013.10.15 2013고정2351