beta
(영문) 제주지방법원 2014.11.19 2014고단1433

공무집행방해등

Text

A defendant shall be punished by imprisonment for six 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 October 18, 2014, around 16:55 on October 16, 2014, the Defendant: (a) committed an assault to his family members under the influence of alcohol, such as frighting a fright, frighting off a fright, frighting off a 112 report and frighting off a frighting back from the slope F of the Jeju East Police Station Embox, which called “B or Empule,” and frighting off a faton by hand, and assaulted F’s fatum by drinking.

As a result, the Defendant interfered with the legitimate execution of duties concerning F's 112 Reporting Cases and Criminal Investigation, which are police officers.

2. The Defendant: (a) was arrested as an offender in the act of obstruction of performance of official duties, etc. at the above date, time, place, etc.; (b) on the same day, around 18:30 on the same day, the Defendant: (c) was transferred to the E box located at H and waiting to undergo an investigation; (d) the Defendant did not remove the lock; and (e) the Defendant, who was a public object at the said police box office, opened the said box by promptly asking one deceased person, who was a public object at the said police box office, thereby damaging the repair cost of KRW 34,00.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, I, and D;

1. G statements;

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

1. Relevant Article 136(1) of the Criminal Act, Article 141(1) of the Criminal Act, and Article 141(1) of the Criminal Act, the choice of imprisonment for the crime;

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

1. On the grounds for sentencing of Article 62(1) of the Criminal Act, Article 62(1) of the Act on the Suspension of Execution, Article 62(1) of the Act on the Suspension of Execution, the second crime that has no basic field (6 to 1 year and 4 months) of the Act on the Suspension of Performance of Official Duties (the scope of recommendations), [where the value of the invalid or destroyed article is minor, the scope of recommendations] mitigation area (1 to 8 months), reduction area (1 to 6 months), reduction area (the invalidation of public goods), reduction area (1 to 6 months), the final mitigation scope due to the increase of multiple crimes: A normal situation favorable to the decision of sentencing in June to 1 year and 8: