logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.12.22 2014고단1611
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On April 14, 2014, the Defendant of the obstruction of performance of official duties: (a) around 16:25 on the 16:14.14. 16:25, and on the 2016.25, the Defendant: (b) while drunkly under the influence of alcohol to the police officer C, the police box belonging to the Seocho-gu Police Station B that controls traffic violations and traffic-related vehicles in front of the 2nd Manpo Park Jong-si, and (c) while taking the desire to read, “I ambling, here, to regulate traffic violations,” and (d) the Defendant sawed C’s hand to the bottom, thereby falling off the knife of the knife (L-P31); and (b) continuously carried the knife of D with drinking.

Accordingly, the defendant interfered with legitimate execution of duties concerning C Inspector and Dman's traffic control affairs.

2. The Defendant damaged public goods at the time, at the place, as described in paragraph 1, destroyed the inquiry equipment and printer (LK-P31) to be used by the B police box by hand when the Defendant took hand as well as at the time, time, and place of the entry thereof.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Application of investigation reports (Attachment to photographs of goods damaged for public use) and investigation reports (Confirmation related to goods damaged for public use) Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties) and Article 141 (1) of the Criminal Act (the point of harm to public goods);

1. Trade concurrences: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

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

1. Suspension of execution: The scope of recommendation and sentence on the sentencing guidelines for the reasons for the sentencing of Article 62(1) of the Criminal Act (the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the reasons for sentencing, are as follows: ① the crime of obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, obstruction of the basic area: June - 6 months; ② the crime of obstruction of performance of official duties, obstruction of official duties, destruction of public property, Type 1 (Invalidity of public property): Imprisonment of six months - January 6);

arrow