logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.05.19 2017고단241
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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 January 10, 2017, at around 21:25, the injured Defendant: (a) while drinking alcohol together with the Defendant’s wife D (at the age of 53) on the ground that the Victim D (at the age of 53), while drinking alcohol together with the Defendant’s wife, brought injury to the Victim’s face by making it difficult for the Victim to know the number of days of treatment.

2. Around 21:50 on the same day as above, the Defendant interfered with the performance of special official duties, at around 21:50, received a report from D 112 to the effect that the Defendant was at the time, and confirmed the details of 112 report, etc. after separation of the Defendant and the victim from the Defendant and the Defendant and the Defendant, the police officer, F of the Jeju Police Station Epic Police Station, a police box affiliated with the police box of the Jeju Police Station, who called out to the scene, threatened the Defendant by acting as the Defendant’s head of the above F, and by acting as the Defendant at the time of the head of the F.

Accordingly, the defendant carried dangerous articles and interfered with the police officer's legitimate performance of duties on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. A protocol of seizure and a list of seizure;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions of the Criminal Act, Articles 144(1), 136(1) (a) and 257(1) (a) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. In light of the state of D at the time when the police officer called out, and the statement (see the seizure protocol and No. 5 investigation report) at D’s investigative agency with respect to the crime of inflicting bodily injury on the grounds of sentencing under Article 48(1)1 of the Confiscation Criminal Act, the degree of the use of violence against D is not somewhat weak, and there is a high possibility of criticism in that it is a domestic violence.

It also interferes with the performance of special duties.

arrow