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(영문) 제주지방법원 2016.05.23 2016고단239

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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 16, 2016, the Defendant was urged to get off the taxi and return home from E, who was under influence of alcohol at the Jeju Police Station C District at the Jeju Police Station C District at the Jeju Police Station at the Jeju Police Station at B on January 16, 2016.

Accordingly, the Defendant gets off the taxi to use the toilets located in the above global belt and bring the Handphone to the above police officers.

Although you have returned to the si, I would like to listen to the said police officer's desire to communicate with the si, if in the si, and if in the si, I tried to do so, and used the sib in both hands, and used the sibly part of the sib, and used the sibly part twice.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the police officer's patrol and crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

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. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] and the basic area (six months to one year and four months) (the prevention of interference with the performance of official duties and the coercion of official duties) shall be limited to the category 1 (the prevention of interference with the performance of official duties).

2. The crime that interferes with the decision-making of a sentence of punishment is a crime that undermines the function of the State by nullifyinging the legitimate exercise of public authority, and requires strict punishment corresponding thereto for the establishment of national legal order and eradicating the light of public authority. In particular, in light of the fact that the Defendant committed the instant crime by directly assaulting the police officer’s body, such as the inside and outside of the police station, it is inevitable to sentence imprisonment with prison labor for the Defendant.

However, the fact that the defendant confessions all of the crimes of this case and repents his mistake, and there is no record of punishment for the same crime.