logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.10.12 2016고단4133
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above imprisonment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 16, 2016, the Defendant: (a) around 20:25, the Defendant damaged the market price, which is the co-owned by the owners of the above apartment, by walking the door and string on the elevator in Yangcheon-gu Seoul Metropolitan Government B 401, a 401 elevator; and (b) walking the door and string on a hand without any reason under the influence of alcohol.

2. On July 16, 2016, the obstruction of performance of official duties and the Defendant’s insultd the above apartment building 401 on and around 22:00, the victim C, a police officer affiliated with the Seoul Yangcheon Police Station, who received the 112 report, asked the Defendant for the following reasons: (a) as in paragraph (1), whether the police has been distorted; (b) whether the Defendant would have been frighted; (c) whether the Defendant would have been frighted; and (d) whether the Defendant would have been frighted, such as fright fright, fright, and frighted fright, to go off the clothes; and (d) the Defendant’s face was two times with the left blue part of the defect to be arrested in a flagrant offender while leaving the Defendant.

Accordingly, the defendant openly insultingd the victim C, and interfered with legitimate execution of duties concerning the suppression and investigation of the above C crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the draft D;

1. Articles 136(1), 366, and 311 of the Criminal Act of the corresponding Article 136 of the Criminal Act concerning criminal facts, and the choice of imprisonment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Basic area (6 to 1.4 months) of the basic area (6 to 1.4 months) of the obstruction of performance of official duties (the scope of recommendation)

2. Where the mitigated area (one to six months), the punishment is not imposed (including serious efforts to recover damage), or a significant damage is recovered from a mitigation area (including a serious effort to recover damage), the general criteria for the crime of damage (Scope of recommending punishment).

3. The offense of insult: Setting the sentencing criteria not; and

4. The range of final sentence due to the aggravation of multiple offenses: the crimes of obstruction of performance of official duties for which the sentencing criteria have been set for not less than six months.

arrow