logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안산지원 2018.03.29 2018고단361
공무집행방해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 22, 2017, the Defendant destroyed property: (a) around 11:41 on September 22, 2017, the Defendant: (b) had no money on the road front of “△△△△ Manpower Manpower Office” for the F operation in Sinsi-si; (c) had the victim G-owned bicycle, who was established and installed at the same place on the ground that there was no job; (d) had the victim’s bicycle, who was in his/her possession, carried the brush attached in front of the bicycle, broken

Accordingly, the defendant damaged the above bicycle, which is the victim, to cover approximately KRW 10,000.

2. 공무집행 방해 피고인은 2017. 9. 22. 11:45 경 장소에서 위와 같이 소란을 피우던 중 ‘ 아주머니 취객 한 분이 난동을 피운다’ 는 112 신고를 받고 출 동한 시흥 경찰서 소속 순경 H, I으로부터 신분증 제시를 요구 받자 위 H에게 욕설을 하고, 손으로 위 H의 가슴을 밀치고, 발로 위 H의 낭 심과 허벅지를 걷어찼으며, 어깨로 위 I의 가슴을 밀치고, 발로 위 I의 낭 심을 걷어찼다.

As a result, the Defendant interfered with the legitimate execution of duties of police officials in relation to 112 reporting affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to a investigation report (related to failure to submit a written estimate of damage to the victim G);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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 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;

1. favorable circumstances: The fact that the defendant appears to reflect on his attitude, and that he was the first offender;

2. Unfavorable circumstances: The fact that a crime is bad in nature, the fact that a police officer directly exercises a tangible force on the police officer's body, and two damaged police officers;

3. The defendant's age, occupation, sex, environment, circumstances before and after the crime of this case, and other records.

arrow