logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.08.30 2018고단5371
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 becomes final and conclusive.

Reasons

Punishment of the crime

1. 폭행 피고인은 2018. 7. 19. 00:58 경 인천 남구 미추홀구 C 오피스텔 4 층 복도 창가에서 위 오피스텔 앞 노상에 차량을 주차한 상태로 뒷좌석에 물건을 싣고 있던 피해자 D(24 세 )에게 아무런 이유 없이 “ 야, 야 ”라고 소리치고, 이에 피해자가 하던 일을 멈추고 피고인을 향해 올려다보자 “ 뭘 쳐다봐, 씨 바 새끼야” 라며 욕설을 하고, “ 이거나 쳐 먹고 꺼져, 이 새끼야 ”라고 소리치며 창틀에 있던 담배꽁초를 피해자의 얼굴을 향해 던져 피해자를 폭행하였다.

2. The Defendant, at around 01:20 on the same day as indicated in paragraph 1, told police officers who were dispatched after receiving a report at the same place, to take a flagrant offender arrested on the suspicion that he/she committed such assault and she was committing such assault as above, and told police officers to “shots, rings,” and resisting to the police officers during the patrol-on board the patrol-on board, and assaulted the police officers of the Incheon Michuhol Police Station E District Unit, such as making him/her wear the left shoulder of F with his/her own (5cm) as soon as he/she left.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A medical certificate;

1. Application of each statute on photographs;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. Reasons for sentencing under Article 62(1) of the Criminal Act (including the following sentencing, etc. in consideration of the following sentencing)

1. Class 1 Crimes (Obstruction of Execution of Official Duties) (Scope of Recommendation) (Obstruction of Execution of Official Duties) (No person who is subject to special sentencing for six months or one year or six months) shall be the basic area (no person who interferes with Execution of Official Duties).

2. A second-class crime (limited to recommendations).

arrow