logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.01.14 2020고단6227
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. 모욕 피고인은 2020. 3. 31. 10:23 경 서울 중구 B에 있는 피고인이 거주하는 건물 복도에서 술에 취해 행패를 부리다가 112 신고를 받고 출동한 서울 중부 경찰서 C 파출소 소속 경찰 관인 피해자 D, E으로부터 제지를 당하며 신분증 제시를 요구 받자 F 등 인근 주민과 상인들이 지켜보는 가운데 피해자들에게 “ 씨 발 놈 아, 눈깔 니 엄마가 왜 그것밖에 못 버는지 생각해 라. 씨 발 놈 아, 뭘 믿고 까부냐,

The desire was expressed, such as “fluort bitch bitch.”

Accordingly, the defendant insultd the victims openly.

2. The Defendant obstructed the performance of official duties, at the time, at the places specified in paragraph 1, and at the above places, committed assault, such as spiting, spiting, spiting, or spiting, upon the face of the E, the Defendant spit, spiting, spit, spit, and spiting, once the chest part of the E in his hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the selection of a fine for the crime;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is not sufficient to form a crime that leads to a failure by the defendant, such as bringing a desire to police officers at a considerable time.

On the other hand, the punishment shall be determined by taking into consideration the following factors: (a) the Defendant was the first offender without criminal record; (b) the recognition of the offense; and (c) the Defendant’s age, sexual conduct, environment, and circumstances after the offense, etc.; and (d) the conditions of sentencing

arrow