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(영문) 제주지방법원 2014.11.06 2014고단1303

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 September 3, 2014, around 00:10 on September 3, 2014, the Defendant refused to receive a request from C, a police officer belonging to the Jeju Dong Police Station B District of the Jeju Police Station, who was called out after receiving 112 a report that “I will not get a taxi without having arrived at the destination,” and that “I will not pay a taxi fee. I will interfere with C’s legitimate execution of duties concerning the crime prevention of crimes, public safety and maintenance of order of C, while I would like to read “I will pay a taxi fee and return a taxi, and I will return the taxi.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Written statements of D;

1. Application of the photographic Acts and subordinate statutes;

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: The scope of the recommended sentence on the grounds of the sentencing guidelines for the sentencing (the sentencing conditions stipulated in Article 51 of the Criminal Act as stated in the grounds for sentencing) under Article 62(1) of the Criminal Act (the sentencing conditions specified in the grounds for sentencing) [the scope of the sentence of the obstruction of performance of official duties, the obstruction of performance of official duties, the obstruction of the performance of official duties, the basic area: June - 1st and April] and the following circumstances are considered to be considered and the sentence is determined as per the disposition. A favorable normal circumstances that are advantageous to the recognition of the crime: (a) was committed against the police officer in the course of performing official duties, and (b) was sentenced to a suspended sentence of October due to the obstruction of performance of official duties in 197; and (c) was sentenced to a fine of three times for a crime related to violence, such as the defendant's age, occupation, family relation, etc.;