logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.10.24 2013고단4995
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. On July 3, 2013, the Defendant: (a) around 04:20, at the D restaurant operated by the victim C of the second floor in Gangnam-gu Seoul, Seoul, the Defendant: (b) took a bath to customers without any reason while drunk; and (c) damaged the victim’s market price by walking a large of 30,000 won of the market price owned by the victim.

2. At around 04:40 on the same day, the Defendant was arrested as a flagrant offender by police officers E belonging to the Seoul Gangnam Police Station, who called out on the ground that he was charged with disturbance, and handed over the F police box to the police box.

At around 05:10 on the same day, at the F box located in Gangnam-gu Seoul Metropolitan Government G G, the police officer, who was a police officer at the above police box, raised a complaint about his arrest, gets off the civil petition room in his hand, and the police officer, who was a police officer at the above police box, h h h h h h h h and h h h h h h in his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police boxes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to H and C;

1. Application of Acts and subordinate statutes on decentralization;

1. Relevant Article 136 (1) and Article 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The crime of obstructing the performance of official duties by destroying the property owned by the defendant, or arresting him as an flagrant offender, even in the police box after the defendant was arrested, by taking a civil petition unit, and taking a bath to the police officer, etc.; the circumstances favorable to the defendant who was sentenced to a fine due to the obstruction of performance of official duties on 2006 are relatively minor: the value of the damaged property is relatively minor and agreed with the victim; the defendant must not repeat the crime while against the victim; and there is no criminal record exceeding the fine; and all the sentencing factors indicated in the records of the instant case, such as the defendant's age, occupation, environment, character and conduct, the background and content of the instant crime, and circumstances after the crime.

arrow