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(영문) 제주지방법원 2013.07.12 2013고단507

공무집행방해등

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 17, 2013, the Defendant: (a) was arguinged with E, who was living together before the “D party room” located in Jeju-si, Jeju-si; (b) the police officers belonging to the 112 police group of the Jeju Western Police Station, which received and called the 112 report; and (c) the police officers G Ha, who were called the Defendant, wished to take the Defendant into consideration the circumstances of the instant case; and (d) the police officers attempted to take the Defendant from the first floor of the building where the party room is located at around 2:25 on the same day, and obstructed the police officers’ legitimate performance of duties concerning the handling of the instant case by taking the h party’s face at one time by drinking.

2. Around 22:50 on January 17, 2013, the Defendant damaged public goods, at the F District Office of the Jeju Western Police Station located in Jeju City, the Defendant: (a) destroyed the equipment that the police officers arrested himself in the act of committing the act of committing the act of committing the act of committing the act of committing the act of violence; (b) destroyed the equipment by walking the side of the coffee vending machine, which is a public goods installed in the said district, so that the repair cost would be 50,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement of H;

1. Application of Acts and subordinate statutes of the I, written statements and annexed documents;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Articles 136 (1) and 141 (1) of the Criminal Act (a point where public goods are damaged); the choice of imprisonment with prison labor;

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

1. Suspension of execution: The scope of the recommended sentence on the grounds of the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act (the sentencing conditions stipulated in Article 51 of the Criminal Act, as stated in the grounds for sentencing), [one year and four months, which are the upper limit of the sentencing guidelines for the crimes of obstruction of performance of official duties, obstruction of performance of official duties, Type 1, basic areas, standards for handling majority crimes, six months - one year and four months, which are the upper limit of the sentencing guidelines for the crimes of obstruction of performance of official duties, obstruction of performance of official duties, fundamental areas, standards for handling majority crimes, six months - one year and eight months, which are the upper limit of the sentence for