logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.10.28 2016고단6442
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On September 17, 2016, between around 19:40 and 20:10, the Defendant interfered with the business of the said victim’s restaurant business for about 30 minutes, such as entering a D cafeteria operated by the Nam-gu Incheon Metropolitan City Victim C (Inn, 54 years of age) and taking a bath to the victim under the influence of alcohol, and putting the cafeteria’s ticket on the floor of the restaurant, thereby interfering with the said victim’s restaurant business.

2. The Defendant causing property damage, at the same time and place, has undermined the utility of the entrance by putting the left door out of the entrance door of the above restaurant, leaving the left door and the right door against each other.

3. The defendant, at the same date, time, place, etc. for the obstruction of performance of official duties, returned home from F officer belonging to the Incheon Southern Police Station E zone, who was dispatched after receiving 112 reports on such obstruction of duties.

In spite of the Gu, the police officer took a bath to the above police officer, and the police officer stated that the above police officer in order to restrain the defendant from intending to drive the above restaurant to the above restaurant is "one-time" and obstructed the police officer's legitimate performance of duties in relation to crime prevention and suppression of police officers, such as breaking the body part by hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement of C;

1. Application of Acts and subordinate statutes to the entrance glass photographs damaged;

1. Relevant Article 314(1) of the Criminal Act, Article 366 of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of imprisonment for a crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Scope of recommendations according to the sentencing criteria;

A. The basic area of the obstruction of the performance of official duties (referring to the scope of recommendations) (referring to six months to one year and four months) (referring to a person who has a special sentencing)

B. Interference with business (the scope of recommendations) shall be limited to the mitigated area (one month to August).

arrow