logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.02.20 2017고단4158
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

피고인은 2017. 9. 24. 20:20 경 김해시 C에 있는 D 병원 응급실에서, 피고인이 술에 취해 소란을 피운다는 내용의 112 신고를 받고 출동한 김해 중부 경찰서 E 지구대 소속 경사 F에게 “야 이 새끼야, 십 새끼야 ”라고 약 10분 간 욕설을 하며 발로 F의 손과 배 부위를 2회 가량 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 report handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Based on the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing as set forth below), the sentencing conditions set forth in the instant case, such as the age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as set forth in the following circumstances, and the scope of the recommended sentencing guidelines set forth by the Supreme Court sentencing guidelines (the basic area of the sentencing guidelines set forth in Article 62(1) of the Act on the Suspension of Execution of Duties ( June - June 1): the scope of the recommended sentence set forth in the sentencing guidelines for the commission of sentencing of the Supreme Court.)

The favorable circumstances: The defendant has no previous conviction since he was punished as a violation of the Military Service Act for a long time; the confession is made while his mistake is divided; the defendant appears to have committed the crime of this case by drinking and contingently, and the degree of damage is not much severe: the state's legal order is established and the punishment for the crime of interference with the execution of public duties is required to eradicate the danger of public authority.

arrow