logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.10.05 2016고단2850
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 7, 2016, at around 03:00, the Defendant, at the Defendant’s residence of 118 Dong Dong-dong 1901, and at the Defendant’s residence of 112, the victim D, a police officer affiliated with the Seoul Gangseo-gu Seoul Southern Police Station C police station, who called the Defendant’s wife, sent out after receiving a report on “domestic violence,” took the Defendant’s wife separately from the Defendant, and took the Defendant’s wife in order to hear the Defendant’s statement, the Defendant took the view that “the Defendant’s wife, a police officer who was a police officer affiliated with the Seoul Gangseo-gu Police Station C police station, she considered the Defendant’s wife to have the Defendant’s wife removed from the Defendant, and she she took the Defendant’s wife’s wife, she she pushed the Defendant’s chest, she pushed the Defendant’s chest by hand, pushed the Defendant’s chest, she took the Defendant’s body back immediately by breaking it on the lower floor.

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers concerning public peace and maintenance of order as above, and at the same time, the Defendant inflicted an injury upon the victim in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and D;

1. Photographs of the suspect who was gathering of the suspect's motion picture towards the victimized police officer;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of applicable sentences under law: One month to seven years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] general injury (the scope of the recommendation sentence] - the basic area ( April to one year and six months) - the mitigated person: In cases of the obstruction of performance of official duties where punishment is not granted (including serious efforts to recover damage), or considerable partial damage has been recovered;

3. 선고형의 결정 공무집행 중인 경찰관을 폭행한 것으로 그 죄질이 나쁠 뿐만...

arrow