logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.08.28 2019고단2081
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, 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 June 16, 2019, at around 22:20, the Defendant: (a) committed assault by the Defendant on the ground that the victim B, who was going to a roadway, was fluenced by a pedestrian signal while being driven on the vehicular road, was fluenced in the front of the exit of the river basin 1097, as the Gangdong-gu Seoul Metropolitan Government No. 1097, while being under the influence of alcohol, and was fluentd by the victim B, who was going to the vehicular road.

2. The Defendant committed an act of obstruction of performance of official duties on behalf of the Defendant, who was requested by D to present an identification card at the time, at the time, at the place, as described in the above Paragraph (1) above, after receiving a report of the above Paragraph (1) above B, by a policeman belonging to the Seoul Gangseo-gu Police Station C District, who was called “I do not have an identification card,” and refused to present an identification card, and assaulted D to “I must do so. I do this,” who is demanded to present an identification card again, on his hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes to photographs of damaged parts of the victim;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope where the punishment is added up with the maximum term of the punishment prescribed for the above two crimes, the aggravation of concurrent crimes with the punishment prescribed for the crimes of obstruction of execution of heavier duties

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The Defendant was unable to receive a letter from the victim of the instant assault crime; the Defendant was punished several times for violent crimes; and the State’s legal order is established and the public authority is established and the crime of obstructing the performance of official duties is committed in order to eradicate the light of public authority.

arrow