logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.12.08 2016고단5818
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

(b) Crime history;

1. On August 23, 2016, the Defendant damaged the wall and steel bars, which are dangerous objects under the influence of alcohol, on the Defendant’s house rooftop, Osan-si, B, and damaged the victim C’s side glass of the D Ttibluri car parkeded by the victim C, and damaged the victim E’s glass window (200cm*60cm) of the victim E’s “F” entrance and exit (200cm).

2. On August 24, 2016, the Defendant obstruction of performance of official duties: (a) arrested a police officer in the act of causing damage to property as seen above to the police officer in the act of causing danger to a police officer; (b) obstructed the operation of a police officer, such as leaving his/her face in the front of the police officer I boarding the patrol vehicle and leaving the police station in the front of the Hasan City, while he/she was traveling, and obstructed the police officer’s legitimate performance of duties concerning the suppression of and investigation into the police officer’s crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Written statements of C, E, and J;

1. Application of Acts and subordinate statutes governing the scene of damage;

1. Relevant provisions of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the following favorable circumstances) of the suspended sentence was that the defendant, who was in danger on the rooftop, was sleeped with the brick and iron bars of the victims.

In addition, the police officer's face to perform public duties was taken.

In this respect, the responsibility is important.

On the other hand, it has been agreed with the victims and recognized the facts of the crime and divided the wrong facts.

It is also recognized that the history of criminal punishment is not confirmed except for fines.

The above circumstances and the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, and after the crime.

arrow