logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2015.10.07 2015고단3292
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 July 19, 2015, the Defendant: (a) was drunk at D restaurants located in Gwangju-gu, Seo-gu, Gwangju-gu, managed by the Victim B, and destroyed the property worth KRW 335,000,000 in total by putting one set of 30,000, market price on the floor without any particular reason; and (b) continuously destroying the property by putting 300,000,000, market price of which is equivalent to KRW 300,000.

2. On July 19, 2015, at around 05:35, the Defendant received a report in front of the above D restaurant, and received a removal from F, a policeman belonging to the Gwangju Western Police Station E-district in the Gwangju Western Police Station, and received a removal from F, the Defendant got the face of the said F one time as his hand, without any reason.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting processing affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. B written statements;

1. On-site photographs, photographs of damaged parts, etc.;

1. Application of the written estimate statutes;

1. Article 136 (1) of the Criminal Act and Article 366 of the Criminal Act concerning the crime;

1. Imprisonment with prison labor for choice of punishment;

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 recommendations according to the sentencing criteria;

(a) Crimes of obstruction of the performance of official duties: Basic area (six months to four months) of the category of obstruction of the performance of official duties;

(b) Recommendation only on the lower limit because the crime of causing property damage for which the sentencing criteria have not been set is concurrent crimes.

2. Specific grounds for sentencing - reasonable grounds for sentencing: The defendant reflects the crime of this case, and there is no record of the crime against the defendant, and the victim of the damage to property does not want to punish the defendant. - Incompetence of the execution of official duties among the crimes of this case, the defendant's use of violence against the police officer performing official duties without any special reasons.

arrow