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(영문) 제주지방법원 2015.07.24 2015고단590

공무집행방해

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

On April 9, 2015, at around 23:45, the Defendant: (a) committed assault against the victim in drinking, who was sent to his family members after receiving a report on drinking, on April 9, 2015, the Defendant: (b) was aware of his personal information and the number of times from E in the circumstances belonging to the Jeju East Police Station D District; (c) who was called the victim; and (d) was able to obtain confirmation of his personal information and the number of times; and (e) used the victim’s chest on a single occasion and knee in walking.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and suppression of the above E, wearing police uniforms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes prepared by the F;

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

1. Suspension of execution: The reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing), are as follows, taking into account all of the sentencing criteria and the following conditions of sentencing, shall be determined as ordered.

[Sentencing Criteria] The conditions favorable to the basic area of the obstruction of performance of official duties (no person shall be deemed to have committed June to 14, the scope of recommending punishment), which are recognized as all of the facts of the crime, and are contrary to the unfavorable circumstances: The fact that the case is not only a crime that disregards public authority but also a strict regulation is required, but also a bad quality of the crime, such as the method of the crime and the degree of damage, etc. that are not minor: It is so decided as per Disposition for the above reasons, such as the motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age, character and conduct, the defendant's wife and the child's wife and his children, etc.