logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.02.02 2016고단3960
공무집행방해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 25, 2016, the Defendant who intrudes into a structure, with drinking around 01:10 on the second floor of the building Kimhae-si B, opened a door that was not locked by the victim C’s “D” room managed by the victim C, and sleeps into that door.

Accordingly, the defendant invadedd on the building managed by the damaged person.

2. Around October 25, 2016, the police officer F of the Police Station E of the Kimhae-gu Police Station and G Posman called “Is an cosmetic who is strawer in a beauty room,” who was dispatched to the beauty room as described in paragraph (1) after being ordered to report 112 on October 25, 2016, and was diving.”

When the Defendant received a request for returning home as above, the Defendant stated that the above police officers “I need to observe”, and that the Defendant sent f’s clicking part of the F’s clicking part of the clicking part of the F’s clicking part of the clicking part of the clicking part of the clicking part of the clicking part of the G clicking part of the clicking part.

Accordingly, the defendant assaulted police officers and interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Each police statement made to F, G, H, and C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 319 (1) of the Criminal Act (a point of intrusion on a structure) of the same Act concerning the facts constituting an offense, and Article 136 (1) of the same Act (a point of obstructing the performance of official duties);

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

1. Selection of imprisonment with prison labor chosen;

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. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant, under the influence of alcohol, enters another person's store without permission, and was reported by him and obstructed the performance of official duties by exercising violence against the police officers dispatched after receiving a report, and thus, the crime is not less severe: Provided, That the defendant is the first offender who has no criminal history, and the mistake is remarkably divided, and the structure intrusion is committed.

arrow