logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
서울동부지방법원 2016.11.02 2016고단3203
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

On June 25, 2016, around 01:45, in front of Songpa-gu Seoul, the Defendant tried to hand over the Defendant’s past workplace E, which was used by the police officer D, who was under the influence of alcohol, to the Defendant, and tried to take the Defendant’s hand on his hand on the ground that the police officer D, who was in the influence of alcohol, did not go and let him go to the above place, and tried to keep the police officer in mind.

이에 위 경찰관이 피고인을 현행범인으로 체포하자, 피고인은 저항하다가 넘어진 상태에서 4회에 걸쳐 발로 위 경찰관의 정강이와 손목 부위를 찼다.

As above, the Defendant assaulted the above police officers to inflict bodily injury on the bridges, etc. on the bridges, which require medical treatment for about two weeks, and at the same time interfered with the police officers’ legitimate performance of duties concerning the prevention and investigation of crimes, public peace and order maintenance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation (Attachment of a medical certificate);

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

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 136 (1) and 257 (1) of the Criminal Act which choose a penalty;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that there is no previous conviction exceeding the same kind and fine, and the fact that the crime of this case is led to confession and reflect, etc.);