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(영문) 제주지방법원 2021.01.27 2020고단2149
특수폭행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 21, 2020, at around 10:30, the Defendant: (a) reported at the Defendant’s residence located in Jeju-si, Jeju-si, to conduct an operation on kneee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-ket; (b) the Defendant refused to send back-out on

2. The Defendant interfered with the performance of official duties at the same date and time as in the preceding paragraph, and at the same place as in the preceding paragraph, the first-aid staff D, and the first-aid staff of the victim who was dispatched after receiving a report of the Defendant 119, who was not an emergency patient after the Defendant was faced with the Defendant, thereby obstructing the legitimate performance of official duties of the first-aid staff on the part of the emergency patients, who were on the part of the defective first-aid staff, who should go to the hospital by using the vehicle and public transportation, “if not dead, then discarded off”, lying the vehicle on the floor of the vehicle, and lying the first-aid staff on the part of the emergency patients, by using a force between 20 minutes, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and C;

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

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Articles 261 and 260(1) (the point of special violence) of the Criminal Act, and the choice of imprisonment for a crime;

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. Various circumstances shown in the arguments in the instant case, including the following: (a) the degree of interference with the execution of official duties for the reason of sentencing under Article 62(1) of the Criminal Act is not serious; (b) the offender C complained of the Defendant’s wife; and (c) the Defendant’s age, sex, criminal conduct, family relationship, environment, background and result of the crime; and (d) the circumstances after the crime.

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