logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2015.12.18 2015고단1568
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around 04:00 on May 6, 2015, the Defendant was committed as if he were to pay the liquor value in D’s operation of the Victim C (A, 59 years old) located in Jeju-si B, notwithstanding the absence of the intent or ability to pay the liquor value.

The Defendant, as above, by deceiving the victim, received approximately KRW 205,00 from the victim an alcoholic beverage and alcohol equivalent to the market price of KRW 205,00.

Accordingly, the defendant was given property by deceiving the victim.

2. 공무집행방해 피고인은 2015. 8. 23. 14:05경 서귀포시 E에 있는 서귀포경찰서 F지구대에서, 제1항에 기재된 사기죄로 지명통보 된 사건에 대하여 지명통보발견확인서를 받고 귀가할 것을 권유하는 서귀포경찰서 F지구대 소속 순경 G에게 “씨발 나 뱃놈이다. 눈깔 빼버린다 씨발놈아!”라고 쌍욕을 하면서 손바닥으로 위 G의 오른쪽 뺨을 1회 때려 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. A complaint filed by C (including attached receipts);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the closure photographs, etc. of dynamic images);

1. Relevant Article 347(1) of the Criminal Act, Article 136(1) of the Criminal Act and Article 136(1) of the same Act and the choice of imprisonment for the crime;

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

1. The sentencing guidelines for the sentencing of Article 62(1) of the Criminal Code of the Suspension of Execution set forth in the sentencing guidelines for the reasons for the sentencing of Article 62(1) of the Criminal Code: (i) the scope of the sentencing guidelines for the crime of obstruction of performance of official duties, the obstruction of performance of official duties, the first category (in six months to one year), the basic area (in prison labor), the fraud group, the general fraud, the first category (in prison labor of less than one hundred million won), the mitigation area (in prison labor of less than one year), the result of multiple crimes (one month to one year), and the following circumstances, recognizing the facts of crimes that are favorable to the determination of punishment as ordered:

arrow