logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2018.11.01 2018고단787
공무집행방해등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 3, 2018, at around 14:40 on July 3, 2018, the Defendant: (a) caused a dispute over D and alcohol in the C cafeteria located in Thai-gun, Chungcheongnam-gun; and (b) caused chemical damage to the market value, which is owned by the victim E ( South, 70 years old) and placed in front of the above C cafeteria, one sign was destroyed by alight.

2. 공무집행 방해 피고인은 2018. 7. 3. 15:00 경 제 1 항 기재 장소에서 피고인이 제 1 항 기재와 같이 행패를 부린다는 취지의 112 신고를 받고 출동한 F 파출소 소속 경찰관 경위 G, 경사 H로부터 신분증 제시를 요구 받자 화가 나 “ 이런 씨 발, 짭새 들 다 죽여 버린다” 고 욕설을 하며 H를 향하여 주먹을 휘두르고, 손으로 G의 흉장을 잡아떼고 양손으로 G의 가슴을 세게 밀치고 이를 제지하는 H의 오른쪽 정강이 부분을 발로 찼다.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. Each statement prepared by E and I;

1. A copy of the 112 reported case processing list, work log;

1. Application of Acts and subordinate statutes to photographs of field damage;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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 suspended sentence of the Criminal Act is that the case is that the defendant damaged another's property and used violence to police officers in the course of performing official duties, and the nature of the crime is bad, and the defendant has already been punished several crimes including violent crimes, and there is a strong punishment.

However, the fact that the defendant acknowledges and reflects all of the mistakes, the fact that the damaged person does not want to be punished against the defendant, and the age, sex, environment of the defendant.

arrow