logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2016.10.12 2016고합30
특수공무집행방해치상
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On June 23, 2016, the Defendant: (a) around 00:35, at his own residence located in Chungcheongnam-gun of Chungcheongnam-gun, left the Dong-dong E in the case of domestic violence reported to the husband; (b) on the part of the D District Unit of the Police Station of the Korea Police Agency where the Defendant called out after receiving a report on domestic violence; (c) on the part of E, the police officers collected a flady flady, which is a dangerous thing located therein, and (d) caused the flady damage to the blood ties that require approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to on-site photographs and death diagnoses;

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., circumstances favorable to the following reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (including favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Imprisonment with prison labor for a period of one year and six months to fifteen years;

2. Aggravation and mitigation factors according to the sentencing guidelines: Type 1 (Death or Injury resulting from Special Obstruction of Public Official Duty) (Special Obstruction of Public Official Duty): None of the following factors (the scope of the sentencing guidelines): Imprisonment with prison labor for 2 years or 4 years (basic area).

3. Determination of sentence;

A. The instant crime is a matter of causing injury to police officers performing official duties, and such crime is not an offense that has undermined legitimate exercise of public authority and has undermined the function of the State, and its nature is not somewhat weak.

Moreover, the use of dangerous criminal tools could cause serious harm to the other party.

Although there was a history of punishment for the obstruction of performance of official duties, the defendant came to commit the crime.

In light of this point, the defendant cannot be held liable for it.

B. Meanwhile, the Defendant led to the confession of the crime and repent of the mistake.

The degree of tangible force exercised by the defendant was not much serious, and the injury was also minor.

The defendant has a long period of time.

arrow