logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.07.06 2014고단1033
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On April 22, 2014, at around 05:00, the Defendant destroyed the above Oralba in order to cover KRW 461,00,00 for repair costs by cutting off the Datoba, which is the owner of the victim C, by drinking alcohol on the front front of Mapo-gu Seoul, Seoul, without any particular reason, and cutting off the Datoba, which is the owner of the victim C, in a water course.

2. On April 22, 2014, around 05:10, at the same place as the above “1”, the Defendant: (a) assaulted on the ground that E, a police officer belonging to the Seoul Mapo-gu Police Station traffic safety division, who was dispatched after having received 112 reports, asked him/her about the circumstances of the case, such as his/her personal information, etc.; (b) assaulted the said E’s chest on a one-time basis, with baton hand, and obstructed the lawful performance of duties concerning the public safety and order maintenance of E, who is a police official.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of the Acts and subordinate statutes on photographs and estimates of ozones;

1. Relevant Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with prison labor 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 grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: 1 Crimes (Obstruction of Execution of Official Duties) for the reasons for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] [the scope of punishment] for the mitigation area (one month to six months), (one year and four months) for which there is no person who is subject to special sentencing] for the basic area (the scope of recommending punishment] [the scope of punishment] for the mitigation area (one month to six months), for the mitigation area (including a person subject to special mitigation] for the mitigation area (including a serious effort to recover damage), for the mitigation of punishment (including a person subject to special mitigation), or for the mitigation of damage), the final sentencing scope for the aggravation of multiple crimes: six months to one year and seven months [the decision of sentence] for the defendant recognized all of the crimes in this case as a first offense and divided his mistake with the victim and agreed with the victim of property damage.

arrow