logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2014.10.31 2014고단674
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On February 8, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., in a military support by the Jeonju District Court on February 8, 2012, and completed the execution of the sentence in a military prison on December 20, 2013.

【Criminal Facts】

On February 22, 2014, at around 03:45, the Defendant: (a) reported that there was a assault case between the said main shop E and the Defendant; and (b) obstructed the police officer’s legitimate execution of duties in relation to the maintenance of order by using the police officer’s police box belonging to the Seocho-gu Police Station, which called up after having received a report that there was an assault case between the said main shop E and the Defendant, for the purpose of staying home to the Defendant; (c) making twice satisfing the right shoulder of G by hand; and (d) continuously taking advantage of the said main shop before the said main station, and making a bath to the police officer belonging to the said police box, who solicits him to return home to the Defendant; and (d) satfing the chest, satfing the chest, satfing the bat, etc.; and (d) assaulting the satch.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of G and H;

1. Before judgment: Application of investigation report (a confirmation of the last day of prison term) and Acts and subordinate statutes;

1. Relevant provisions of criminal facts: Article 136 (1) of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Aggravation repeated crime: The sentencing range of recommendations on the reasons for sentencing under Article 35 of the Criminal Act [the sentencing range for obstruction of performance of official duties, obstruction of performance of official duties, Type 1, basic area, imprisonment with prison labor for June - 1] and the following circumstances are determined as follows (the sentence that is lower than the recommended sentence by taking into account the following favorable circumstances): The favorable circumstances that recognize the facts of crime and seriously reflects: The facts of crime are crimes committed during the period of repeated crime; the facts that there are several times of convictions due to violent crimes, etc.; the facts of crime, circumstances after the crime, age and occupation of the defendant; and other facts that there are records of convictions sentenced several times due to violent crimes: It is so decided as per Disposition.

arrow