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(영문) 제주지방법원 2016.11.30 2016고단2220

공무집행방해

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 03:50 on September 17, 2016, the Defendant: (a) took the front of the Jeju-dong Police Station C District District D on the front of the Jeju-dong Police Station C District ; (b) took the Defendant’s daily e and F as a fact of crossing without permission; (c) took the body of D due to the defect in order to issue a notice of penalty to E; and (d) took the Defendant’s desire to “batome and spule”, and forced the output of the portable penalty notice cited by D.

Accordingly, the defendant assaulted D and interfered with the legitimate performance of official duties of police officers on the crackdown.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Investigation report (with respect to the suspect's unauthorized crossing cases), and details of computer data inputs of traffic regulation;

1. Application of the Acts and subordinate statutes accompanying the interview at Jeju;

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

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

The reason for sentencing (within the range of the sentencing guidelines) the area of reduction of the obstruction of performance of official duties: normal conditions favorable to August: Where the degree of assault and intimidation is insignificant, there are no criminal records of the same kind or suspension of execution or more;