(영문) 대전지방법원 천안지원 2015.12.28 2015고단1901

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2015.12.28 2015고단1901

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 29, 2015, at around 02:20, the Defendant abused D on the front side of the “C” located in the Western-gu, Seocheon-gu, Western-si B without any reason, and was dispatched to the site after receiving a report under the above D- 112 report, and started as the F district located in the same Dong for the purpose of taking protective measures against the Defendant under the influence of alcohol by police officers E, etc., who were dispatched to the site.

At around 02:40 on the same day, the Defendant was boarding the back seat of the F Zone, and at the same time, the Defendant took up the face of E from the patrol car that the police officer opened the back seat of E at one time, and obstructed the police officer’s legitimate performance of duties concerning the handling of reported cases and protective measures against the host.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

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

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant crime on the ground of the provisional payment order can be seen as applying the sentencing guidelines to the case where the crime of this case is minor in the area of mitigation (one month or August), special mitigation (one month or August), and the degree of violence, intimidation, and deceptive scheme.

However, even if the defendant's act is a contingent act due to the influence of alcohol, it is criticized in that it is an aggressive act in that the face of a police officer in the performance of official duty is a price.

However, considering the fact that the defendant is against the defendant, the primary offender, the age, character and conduct, environment, circumstances after the crime, etc., the minimum of the above sentencing criteria shall be considered, and the punishment shall be imposed by selecting a fine.

참조조문

유사 판례

-광주지방법원 2015.10.21 2015고단2036

-대구지방법원 2016.11.17 2016고단3932

-대전지방법원 2015.03.18 2014고단4412

-서울동부지방법원 2015.01.28 2014고단3578

-수원지방법원 2015.02.13 2014고단6256