(영문) 광주지방법원 2015.01.29 2014고단3869

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) 광주지방법원 2015.01.29 2014고단3869

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 12, 2014, at around 00:45, the Defendant: (a) sought cash withdrawal from the Seo-gu, Seo-gu, Seo-gu, Seoggu, 92 cash withdrawal Co., Ltd.; (b) but (c) the automatic entrance was automatically set out due to the closure of business hours; (d) requested relief in 112; (b) the victim guard C, etc. belonging to the Seo-gu Police Station B District in Gwangju sent out to the site; (c) the Defendant took a bath on the ground that the toilet was rapidly rapid and was waiting for the guard, and did not promptly provide relief, thereby hindering the Defendant’s legitimate performance of duties concerning the protection of the lives and bodies of the people, public safety and order by assaulting the flap, etc. of the above C, such as flabing the flab, and thereby obstructing the Defendant’s use of force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Place of service;

1. Application of Acts and subordinate statutes to photographs of victims;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a case where the defendant assaulted a public official performing official duties and obstructed the performance of official duties. It cannot be deemed that the protected legal interest of the crime of this case, which is the necessity of protecting official duties, is smaller than that of the defendant, and the defendant committed the crime of this case without being aware of the fact that he was punished by a fine due to a violation of the Punishment of Violences, etc. Act in the past, even though he had the record of being punished, and at the same time committed the crime of this case.

However, it appears that the defendant's mistake is divided, and the degree of the assault of this case is not serious, and in particular, the defendant does not want the punishment of the defendant on January 19, 2015 by mutual consent with the damaged police officer on January 19, 2015, and the victim police officer did not want the punishment of the defendant, and the above violence of the defendant is committed.

참조조문

유사 판례

-광주지방법원 2014.05.15 2014고단917

-광주지방법원 2015.01.20 2014고단4407

-광주지방법원 2014.04.29 2014고단505

-광주지방법원 2014.06.17 2014고단1499

-광주지방법원 2014.07.08 2014고단1790