logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.08.10 2016고단1167
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, around February 19, 2016, around 23:53, in front of Gwanak-gu in Seoul Special Metropolitan City, has been displaying a signboard on the road.

“Around 112, the Defendant was issued a Sticker for the violation of the Punishment of Minor Offenses Act by the victim D belonging to the Seoul Maak Police Station C District District, which was called upon the 112 report, and was solicited to return home, and the Defendant used the victim’s chest on the instant net of the patrol car with the victim’s shot, shot, shot, shot, and nick, shot, shot, shot, shot, and shot, shot, etc. on three occasions by the victim’s shot, shot, shot, and shot, shot, etc.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D (the defendant does not memory under the influence of alcohol at the time of committing the instant crime)

I asserts to the effect that he was in a state of mental or physical loss or mental weakness.

In light of the records, although the defendant was aware that he had drinking alcohol at the time of the crime of this case, it cannot be seen that he had no or weak ability to discern things or make decisions due to the fact that he had drinking alcohol at the time of the crime of this case. Thus, the above assertion is rejected.

Application of Statutes

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The basic area (from June to January 1) of the sentencing criteria [the scope of recommended punishment] and the basic area (from June to April) of the sentencing criteria (the person who has any special sentencing factors) shall interfere with the performance of official duties;

2. According to the rulings of sentence, the sentence of sentence is to be imposed in full view of the circumstances constituting the sentencing conditions indicated in the records of this case, such as the age, sex, environment, motive and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Unfavorable circumstances: the defendant is legitimate.

arrow