logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.11.04 2016고단4127
절도등
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. From July 24, 2016, the Defendant: (a) around 23:00 on July 24, 2016, the victim C, displayed there, around D operated by the victim C, located in Yeongdeungpo-gu Seoul Metropolitan Government; (b) the market price of the victim’s ownership was at least KRW 1,000; (c) the thief stolen and stolen a house

2. 공무집행방해 피고인은 2016. 7. 24. 23:30경 위 제1항 기재와 같은 이유로 C이 피고인을 쫓아가면서 112에 절도 사실을 신고하였고, 이에 신고를 받고 출동한 서울영등포경찰서 E 소속 순경 F이 서울 영등포구 도림로38길 1 노상에서 피고인에게 신분증 제시를 요구하자 “경찰관 새끼들아 내가 뭘 잘 못했느냐, 야 씨발 너가 뭔데, 한국 경찰들 웃긴다.”는 등 욕설을 하고 위 F의 팔을 잡아채고 가슴을 수 회 밀쳐 폭행하였다.

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and F;

1. Each written statement of C;

1. Investigation report (D CCTV verification);

1. A thief photograph;

1. Application of the CCTV Acts and subordinate statutes to photograph them;

1. Relevant provisions of the Criminal Act, Article 329 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Type 1 of the obstruction of performance of official duties (determination of the type of the obstruction of performance of official duties) (determination of the sphere of recommendation), the basic area [Scope of recommendation] from 6 months to 1 year and 4 months

(b) Type 1 (Determination of the recommended area) (Determination of the recommended area), the basic area of the thief (Determination of the punishment) (Determination of the recommended area), from April to August of the thief (Determination of the punishment) for general property.

(c) [The final sentence scope] the result of the aggravation of multiple offenses (the maximum of crimes No. 2) (1/2 of the maximum of crimes No. 1): six months to one year.

arrow