logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2014.02.07 2013고단205
공무집행방해
Text

1. The defendant shall be punished by imprisonment for eight months;

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

3.

Reasons

Punishment of the crime

1. On May 27, 2013, the Defendant committed the crime around 19:25, May 27, 2013, 2013, at around 19:25, on the road located in Seosan City B, the Defendant took a bath to the slope E, and slopeF belonging to the Seosan Police Station D Zone E, which the Defendant was under the influence of alcohol and was called out upon receiving a report at the 112-round May 27, 2013, and obstructed police officers’ legitimate performance of duties concerning the prevention and suppression of crimes.

2. 2013. 5. 27. 21:30경 범행 피고인은 2013. 5. 27. 21:30경 논산시 B에 있는 D지구대로 찾아와 상의를 탈의한 후, E에게 욕설을 하며 물에 흠뻑 젖은 자신의 티셔츠를 E의 얼굴에 던지고, 사무실 의자에 앉아 사건처리 중이던 F에게 욕설을 하며 F의 얼굴에 침을 뱉어, 피고인은 경찰공무원의 범죄 예방 및 진압에 관한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police officer in relation to E and F;

1. Application of image Acts and subordinate statutes, such as photographs of damaged police officers;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 (Mutual Crimes of Article 2 at the Time of Sales) of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Scope of applicable sentences: Imprisonment for one month to seven years;

2. Sentencing Criteria [Determination of Punishment] Each group of crimes of obstruction of the performance of official duties, and Type 1 (Compulsory Obstruction of the Performance of Official Duties) of the Performance of Official Duties (Scope of Recommendation): No special mitigation factor in the range of six months to one year and four months: None of the special aggravation factor:

3. Determination of sentence: Imprisonment for 8 months; and

4. Whether a suspended sentence is suspended: Three times the previous convictions of a fine for negligence of two years or more.

arrow