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(영문) 제주지방법원 2019.09.06 2019고단408

공무집행방해

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 21, 2019, the Defendant: (a) around 19:45, on the ground that the Defendant did not pay a charge at the Seocho Police Station C that was located in the Seocho-si B; (b) carried the Defendant’s police box, and (c) carried the cab engineer’s sabbbbling of the E during the process of carrying the instant police box to verify the factual relations; and (d) took place, the Defendant sabblinged the instant police box, while taking the stop box on his/her table, took the her hand and took a bath for E’s face.

Accordingly, the defendant interfered with the legitimate execution of duties concerning civil petition affairs within a police box.

2. On January 21, 2019, around 20:03, the Defendant, at the place specified in Paragraph 1, 2019. Around January 21, 2019, the Defendant: (a) carried the cman’s cream, carried the Defendant in a toilet; and (b) assaulted the Defendant on one occasion a part of F’s f’s f

Accordingly, the defendant interfered with the legitimate execution of duties concerning civil petition affairs within a police box.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Application of related Acts and subordinate statutes;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are as follows: (a) the fact that the criminal defendant committed an act in a police box is not good in light of the developments leading up to the operation of the police box and the specific attitude of the act; (b) the fact that the criminal defendant recognized his mistake and reflects the criminal defendant’s age, criminal record, relation, character and conduct, environment, means and consequence of the crime; and (c) the sentencing conditions specified in the records and arguments of the case