logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 통영지원 2016.04.06 2016고단104
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On January 31, 2016, at around 23:25, the Defendant: (a) assaulted the police officer belonging to the Tong-gu Police Station, who was under the influence of alcohol in C’s emergency room at Tong-si B, and was waiting to receive medical treatment by sending the Defendant’s address, and (b) interfered with the legitimate execution of duties concerning the protection of the police officer’s main officer, without any justifiable reason, while waiting to receive medical treatment by sending it to the police officer by 119 first squad.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant provisions of the Criminal Act, Article 136 (1) of the Criminal Act, the choice of fines for criminal facts, and the choice of fines;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - Circumstances unfavorable to the court: The crime of this case committed by assaulting a police officer assigned to prison: The crime of this case is not good;

(k) favorable circumstances: The degree of assault was not limited to one time, and the defendant was immediately arrested as a flagrant offender and thus does not have any substantial influence on the function of the State or public institutions; the defendant appears to be a contingent crime in a state of drinking alcohol; the defendant reflects his mistake; and the first offender without any previous conviction.

In light of the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, and circumstances after the crime, even if the nature of the crime of obstructing the execution of official duties is grave, it would be somewhat harsh to select a fine as soon as possible for the number of actual crimes of a defendant without any previous conviction, and the amount of the fine shall be determined.

arrow