logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 김천지원 2017.10.31 2016고단437
특수공무집행방해
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 April 12, 2016, at around 18:55, the Defendant: (a) committed assaulting a tree mone, which was a dangerous object, in the stairs of an asset park located in Kimcheon-si, Kimcheon-si, without any justifiable reason, at around 18:5, the Defendant: (b) was influencing a tree mon ( approximately 180.5cm in length, approximately 20cm in length) by hand; and (c) sought to break the said wooden mone by D, who was dispatched after receiving 112 report; and (d) was required by the circumstances leading up to the police box located in the Gyeongcheon-gu, Kimcheon-dong Police Station C, which was called upon 112.

Accordingly, the defendant carried dangerous articles and interfered with police officers' legitimate execution of duties concerning the handling of reported crimes and the prevention of crimes.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made in relation to D and B;

1. Application of the Acts and subordinate statutes measuring wooden iron bars, photographs and size thereof;

1. Relevant legal provisions of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) is as follows: (a) the Defendant, without any particular reason, went to a police officer who was dispatched after receiving a report and received a report, led to the occurrence of uneasiness in the tree class; and (b) interfere with the performance of official duties

However, it does not seem that the damaged public official was directly involved in the wooden monll.

Although the defendant has a history of criminal punishment once for violent crimes, it has been about 36 years, and the defendant has no record of criminal punishment for violent crimes.

In the above circumstances, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of sentencing, including the Defendant’s health status, the Defendant’s age, sex, family relationship, and the circumstances after the crime.

arrow