logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2018.02.12 2017고단1093
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 20, 2017, at around 18:20 on August 20, 2017, the Defendant damaged property: (a) at “E” restaurant operated by the victim D in Chuncheon-si; (b) under the influence of alcohol, the Defendant: (c) destroyed a total of KRW 455,00,00, such as water cups, booms, and string back the strings, which were laid down on the floor; and (d) continuously damaged the “E” way; and (c) destroyed the part of the auxiliary seat of the car and the back part of the repair cost by blocking the passenger car driving by the victim F and destroying the parts of the lower part of the auxiliary part of the car.

2. On August 20, 2017, the Defendant: (a) around 106, 1103, Hacheon-si, Cheongcheon-si, H apartment building 106, 1103; (b) took the Defendant under the influence of this alcohol to the front of his house, and without any justifiable reason, took the Defendant under the influence of this alcohol, who was called up after having received a 112 report in relation to the said property damage incident; and (c) took the Defendant under the influence of this alcohol to the front of his house, the Defendant, without any reason, committed an assault, such as taking the Defendant into front of his J’s left shoulder and walking three times in the middle of his direction; and (d) continuously putting the left top down by cutting off the lower part of K’s timber, and putting it down in the way of several times.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers who conduct 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in relation to K, J and D;

1. Application of Acts and subordinate statutes to damaged vehicles, field photographs, investigation reports (Attachment of damaged photographs by victimJ or K, interfering with the performance of official duties), photographs, records of the case to be reported, records of the internal investigation (related to hearing of statements by the counter-party M of shots), estimates, investigation reports (related to failure to attach estimates to vehicles), and criminal investigation reports (to hear victim F Telephone statements);

1. Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;

arrow