(영문) 서울남부지방법원 2016.10.06 2016고단3814

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) 서울남부지방법원 2016.10.06 2016고단3814

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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

On August 13, 2016, at around 00:49, the Defendant assaulted, without any reason, the police officer’s legitimate execution of duties in relation to the police officer’s protective measures, while the Defendant was under the influence of alcohol, on the roads of Yangcheon-gu Seoul, Seoul, with the 112 report that “the person under the influence of alcohol has gone beyond the road on his/her own,” so that he/she can return home from F with the background D, slope E, and patrolman belonging to the Seoul Yangcheon Police Station.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Application of Acts and subordinate statutes to a criminal investigation report (matters concerning acts of a suspect), investigation report (H call statement hearing of an offender who is a slope of violence witness);

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

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

1. The dismissal of prosecution under Article 62-2 of the Criminal Act

1. On August 13, 2016, at around 03:45, the Defendant assaulted the victim G (31 years of age) one time to walk, without any justifiable reason, the head of the Defendant, who was in the waiting room of the suspect due to the suspicion of obstruction of performance of official duties at the Criminal Department of the Seoul Yangcheon Police Station located in Yangcheon-dong, Yangcheon-gu, Seoul, Seoul. Around August 13, 2016.

2. We examine the judgment, and the facts charged are the crimes falling under Article 260(1) of the Criminal Act, which cannot be prosecuted against the victim’s explicit intent in accordance with Article 260(3) of the Criminal Act.

However, on August 30, 2016, after the institution of the instant prosecution, a written agreement in the name of the victim G was submitted to this court, stating that the defendant did not wish to punish the defendant.

Therefore, this part of the prosecution is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

In the case of assaulting a police officer who had tried to return home the reason for sentencing safely, the defendant is the defendant.

참조조문

유사 판례

-서울남부지방법원 2015.03.13 2014고단5025

-서울남부지방법원 2016.12.08 2016고단4901

-서울남부지방법원 2013.04.17 2013고단619

-서울남부지방법원 2014.03.21 2014고정595

-서울남부지방법원 2016.10.25 2016고단1352