logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 속초지원 2018.10.24 2018고단381
공무집행방해등
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

The defendant is a foreigner of Russia's nationality, who was employed as a seafarer in C (C, 243 tons), a fishing vessel of Russia's nationality, and was landed from the Republic of Korea after entering a port of early September 30, 2018, when he/she was employed as a seafarer.

1. On October 2, 2018, the Defendant interfered with the performance of official duties, 02:00, at the front of the wharf of a sloping 39, the central wharf at the early from the beginning of the 39:00, 200.

“A police officer belonging to the Seocho Police Station D police station, who was called upon the report of 112, assaulted the face of the above E on one occasion under the influence of alcohol as he requested the Defendant to verify his identity.

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

2. On October 2, 2018, the Defendant damaged goods for public use by a public office in order to have the amount equivalent to KRW 132,00,00 for repair cost, on the ground that the Defendant was arrested in a flagrant offender under the same circumstances as the description in paragraph (1) at the D District Office in the Seocho-si Police Station D (F) Office at the Seocho-si (F), and was transferred to the said office, after asking a person’s intent to use the goods for civil petitioner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement prepared and made by the police for E;

1. Investigation report (Investigation into the reporter G phone counterpart);

1. Photographss, damaged photographs, and photographs, etc. to capture DNA CCTVs related to the performance of public duties;

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

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. The crime of this case for the reason of sentencing under Article 62(1) of the Criminal Act on the suspension of execution is due to the act of assaulting a police officer performing official duties and damaging articles used by public offices, and the crime is not good. However, the defendant is both recognized and against himself.

arrow