logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 서부지원 2017.08.21 2017고단585
특수공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On February 2, 2017, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on March 8, 2017 and completed the execution of the sentence.

On June 10, 2017, the Defendant: (a) around 01:24, at the Busan Northern Police Station E zone located in the Busan Northern District, the Defendant: (b) sent the victim to the Busan Northern Police Station E zone; (c) consulted with F in the circumstances where he belongs to the said District; and (d) went to F in consultation with F in order for F to make him not to have a telephone to her; and (c) released one end of the son’s disease out of the said District to the rail of the said District; (d) putting the victim into the said District where the said F was on duty, and putting the victim into the said District where he was on duty one time as a shoulderer; and (e) presented the attitude of F in order to protect his life by making him at his request.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties of police officers on civil petitions and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Investigation report (to attach a sphograph photo to a sphography);

1. Photographss and photographs (such as on-site conditions), and photographs;

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, report on investigation (the period of repeated offense and report on confirmation, such as criminal career data);

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. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of punishment by law: Imprisonment for not more than 15 years;

2. Scope of recommended sentences on the sentencing criteria: Imprisonment with prison labor for up to one year and six months [the types] that obstruct the performance of official duties, and the type 1 (the obstruction of the performance of official duties and the coercion of duties] [the person subject to special sentencing] mitigated factors: aggravating factor where the degree of interference with official duties is minor:

arrow