logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2017.05.19 2017고단214
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2017, the Defendant received a 112 report from the slope G belonging to the F District Unit of the Chungcheongnam-gu Police Station in Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, and received a demand to present identification cards, which was sent to the site by the Defendant after receiving a report on the fact that the Defendant is assaulting and avoiding disturbance of public prosecution E, other than public prosecution, under the influence of alcohol.

The defendant took the face of the above slope G at one time with the hand floor of the picture.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the maintenance of public order.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to G, E, and H;

1. Application of the Acts and subordinate statutes governing the handling of victims' photographs, F District Service, and 112 reported case;

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

1. As to the Defendant’s assertion of Article 62(1) of the suspended sentence under the Criminal Act, the Defendant asserted that he was in a state of mental or physical weakness or mental loss by drinking alcohol at the time of the instant crime. Thus, according to the records, the Defendant is deemed to have drinking alcohol at the time of the instant crime, but in full view of the circumstances such as the background and result of the instant case, the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions, and thus, the above assertion cannot be accepted.

The reason for sentencing is the defendant's previous convictions related to violence and interference with the performance of official duties, but the fact that the defendant again committed the crime of this case is disadvantageous, but the degree of assault is not relatively much severe, the deposit of one million won for the police officer who suffered damage, reflects the defendant's age, sexual conduct, environment, motive, means and consequence, etc., and all the kinds of punishment shown in the arguments of this case, such as the circumstances after the crime.

arrow