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(영문) 제주지방법원 2016.04.21 2016고단17

공무집행방해

Text

A defendant shall be punished by imprisonment for six 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

On December 28, 2015, the Defendant was urged to return home after paying the drinking value from D amusement station F belonging to the police station of the Dong-dong Police Station of the Jeju, which was dispatched to the site after receiving a report on the business owner and Si expenses, on the ground that there have been a large drinking value after drinking one and drinking at D amusement station located in C at Jeju, around December 28, 2015.

The Defendant and Defendant’s daily behaviors, as a matter of the payment of the drinking value, f. ultimately, the Defendant’s daily behaviors paid the drinking value to the main shop owner. The Defendant, upon completion of the payment of the drinking value, f. h. to the defective F, who intends to leave the site, f. c. “C.M. and police”, f. g. g. g. g. g. g. g. g. g., f. g. g. g. g., f. g. g., g. g. g., g.,

Accordingly, the defendant interfered with the legitimate performance of duties by police officers on the maintenance of order.

Summary of Evidence

1. Partial statement of the defendant;

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

1. G statements;

1. Investigation report (24 pages of evidence records);

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

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The defendant and his defense counsel asserted that the mental and physical weakness of the defendant and his defense counsel's mental and physical weakness under Article 62 (1) of the Act on the Suspension of Execution (the conditions favorable to the reasons for sentencing as set forth below) are proved to the effect that the defendant was physically and mentally under the influence of alcohol at the time of the crime of this case, such as drinking, drinking, drinking, drinking, drinking, drinking, drinking, and drinking, and records show that the defendant was aware of the fact at the time of the crime of this case, but in light of the circumstances leading up to the crime of this case, the means and method of the crime of this case, and the defendant's behavior before and after the crime of this case, the defendant was in a state that the defendant had the ability to discern things or make decisions

As such, the above argument by the defendant and his defense counsel is not acceptable.

Sentencing.