logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.09.06 2018고단2620
공무집행방해등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 30, 2018, the Defendant rejected the victim’s demand for eviction, without justifiable grounds, even though he/she was asked from around 02:00 on March 31, 2018 to around 03:30 on the same day when he/she had drinking alcohol in the victim E’s residence located in Seoul Special Metropolitan City, Nowon-gu D 404 and he/she had drinking alcohol like the victim.

2. On March 31, 2018, at around 03:50, the Defendant received 112 reports that he does not leave the house at the place specified in paragraph 1, and that G was assaulted by the police officer belonging to the police force belonging to the Nowon-gu Police Station of the Nowon-gu Police Station called the Defendant in breach of the eviction order and arrested the Defendant out of the entrance door of his residence, and attempted to take the Defendant out of the entrance door of E’s residence. G said, “A e. e. e. e. s. s. s. s. s. e. s. s. s.s. am, the Defendant assaulted the chest of H, a police officer belonging to the same district group on the second floor of the same building, who was going along the district, one time at hand.

Accordingly, the Defendant interfered with police officers' performance of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to G, H and E;

1. Application of Acts and subordinate statutes on the place of F District Work;

1. Article 319 (2) and Article 319 (1) of the Criminal Act (Noncompliance with Withdrawal) concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act (Interference with Execution of Official Duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

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

1. The reason for sentencing under Article 62-2(1) of the Criminal Act is under the influence of Article 62-2(1) of the Criminal Act, and thus, the victim E’s refusal to comply with the victim E’s demand for eviction, and thus, the police officers sent out after 112 reports are able to take a bath and the crime committed by using violence is not

In addition to the punishment sentenced twice due to the crimes of this species, the criminal punishment has been committed.

arrow