(영문) 인천지방법원 2016.03.09 2016고단160

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) 인천지방법원 2016.03.09 2016고단160

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2015, at around 23:20, the Defendant: (a) committed assault in front of Cart located in Namdong-gu Incheon Metropolitan City, Seoul; and (b) “I am going against the truth without having to pay the taxi fee to the Defendant, the Defendant obstructed the Defendant’s legitimate performance of duties regarding the prevention and suppression of the police officer’s crime, by assaulting the police officer’s left face at one time.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to E and F;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Sentencing Criteria: Basic area of interference with the execution of public duties (from June to April);

2. The Defendant: (a) committed a crime of interference with the performance of official duties by assaulting a police officer dispatched after having filed a disturbance against a taxi engineer; and (b) insults a police officer dispatched after receiving a report by bringing a disturbance against a taxi engineer; and (c) committed a crime of damaging public goods in 2009, which caused damage to the glass of the police station while waiting for the relevant investigation, and thereby, committed a same re-offending despite the record of being sentenced to a fine of KRW 3 million for a crime of damaging public goods in 2009. Therefore, the Defendant is sentenced to imprisonment with prison labor.

However, the defendant acknowledges and reflects the crime, and the defendant observe the law relatively after the past, and the term of punishment shall be determined in consideration of the living conditions, and the execution thereof shall be suspended.

In addition, in order to prevent recidivism, a social service order is given to the defendant.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

유사 판례

-수원지방법원 안양지원 2018.02.20 2017고단2137

-인천지방법원 2016.08.17 2016고단4002

-청주지방법원 2018.10.25 2018고단590

-수원지방법원 2017.08.08 2017고단3751

-인천지방법원 2017.06.22 2017고단3185