(영문) 서울남부지방법원 2018.01.17 2017고단5131

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) 서울남부지방법원 2018.01.17 2017고단5131

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

At around 00:40 on October 6, 2017, the Defendant: (a) received a report from a police officer D who was sent to the police station on the street in front of Yangcheon-gu Seoul Metropolitan Government, to return home on the same day; (b) the Defendant opened a door of the patrol vehicle under the influence of alcohol without complying therewith; (c) had the police officer D and dispatched police officers get off the Defendant; (d) had the said police officer D and dispatched police officers get off the vehicle to drive the vehicle to drive the vehicle to move the vehicle to move the vehicle patrol; and (d) the said D got off the vehicle to drive the vehicle to move the vehicle, and (e) became a knife of the right side of D due to his hand, by pushing D with it.

As such, the Defendant assaulted police officers D, thereby obstructing police officers from performing their duties on the prevention of crimes, maintenance of order, etc.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The reason for sentencing under Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts has the history of having been punished by imprisonment with prison labor or by a suspended sentence on six occasions due to a crime committed by the defendant. In particular, the defendant again commits the instant crime without being aware of the fact that he/she was punished by a suspended sentence of imprisonment in 2013 and 2015, and that the crime of obstructing the performance of official duties is highly likely to be punished by severe punishment due to a crime disturbing public authority and disturbing legal order.

In addition, the sentence shall be determined as ordered in consideration of the sentencing conditions shown in the records, such as the fact that the defendant is against the defendant, the age, sex, environment, etc. of the defendant.

참조조문

-형법 제136조 제1항

유사 판례

-수원지방법원 평택지원 2017.06.29 2017고단618

-의정부지방법원 2017.05.24 2016고단4364

-대구지방법원 안동지원 2017.10.27 2017고단470

-서울남부지방법원 2016.01.29 2015고단4612

-의정부지방법원 2017.10.19 2017노2120