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(영문) 제주지방법원 2015.05.15 2015고단88
공무집행방해등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 16, 2014, at around 02:40, the Defendant voluntarily operated with the husband before the Jeju Island, who was reported by the husband, and was called up, to the F Station of the Jeju East Police Station located in E by the police officer called up. On the same day at around 03:50, the Defendant voluntarily saw the Defendant to the police box of the Jeju East Police Station located in E., and then, at around 03:50 on the same day, she was able to fright away tobacco possessed by the husband, such as continuing to frightd while taking a bath at the above police box, and was prevented from a slope belonging to the said police box, who was the victim, while taking a bath to G, she sing off G by taking care of him and pushed him by hand.

As such, the Defendant interfered with the legitimate performance of duties concerning the prevention, suppression, and investigation of G crimes.

2. When the Defendant was arrested as a flagrant offender due to the foregoing actions at the time, time, and place mentioned in the preceding paragraph, the Defendant destroyed the Defendant’s damage to public goods by falling off 40,000 won on the floor by walking a computer monitor on the strings.

The Defendant damaged the articles used by public offices as such.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of G and H;

1. On-site photographs;

1. Application of Acts and subordinate statutes concerning investigation reports (repair expenses);

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 and the choice of imprisonment, respectively;

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

1. Suspension of execution: 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, shall be considered) shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts constituting the crime are recognized and reflected, the first offender without previous conviction, and other facts: the motive and circumstances of the crime, the circumstances after the crime, the occupation of the defendant, and family relations are determined as above.

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