logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.08.25 2015고단1522
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On June 13, 2015, the Defendant committed assault against the victims, such as: (a) in front of the C convenience store located in Kimhae-si B on three occasions as her hand, under the influence of alcohol, the victim D (the age of 17) who used the scene without any justifiable reason; (b) her breath of the victim E (the age of 17); and (c) her breath of the victim E (the age of 17); and (d) five times as her hand, the Defendant committed assault against the victims.

2. At around 21:10 on the same day as the preceding paragraph, the Defendant: (a) intending to be asked by G during the course of questioning about the developments of the F Zone at the Kimhae Police Station F Zone G, who was called out after receiving 112 a report from the above act in front of the above convenience store; (b) expressed the above G’s desire to “Cexpule”; and (c) took part in drinking at one time the right direction of the said G.

Accordingly, the Defendant, who was a police officer called together with G, tried to arrest the Defendant as a flagrant offender with regard to the above suspicion of obstruction of performance of official duties, obstructed the police officer’s legitimate execution of duties, such as drinking with the above H, thereby obstructing the police officer’s criminal investigation and suppression.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D and E;

1. Application of the respective Acts and subordinate statutes of G and H

1. Article 136 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2(1) of the Social Service Order Criminal Act does not mean that the crime of obstructing the performance of official duties by using violence against the police officers dispatched, without any reason, even though the defendant had a record of being subject to criminal punishment due to the obstruction of performance of official duties. However, in light of the fact that the defendant did not have a criminal record exceeding the fine, and that the defendant was not guilty, and that the defendant is divided.

arrow