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(영문) 제주지방법원 2013.05.24 2013고단401
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. On March 16, 2013, at around 01:00 on March 16, 2013, the Defendant interfered with the performance of official duties by the Defendant: (a) committed an assault against the police officer F, who was requested to return home from the police officer F to the police officer of the Jeju East Police Station E-gu, Jeju Police Station E-gu, who was called by the Defendant upon receiving a report of assaulting C, and received a notification of assaulting C, thereby obstructing the police officer’s legitimate execution of duties concerning the handling of the instant case.

2. On March 16, 2013, at around 01:30, the Defendant interfered with the performance of official duties, around March 16, 2013, at the Jeju Dong Police Station E-gu, Jeju, Jeju, on March 16, 2013, the Defendant: (a) expressed the Defendant’s opposition to the police officer slope H belonging to the said district; (b) took a bath to “Choe is imprisonment with prison labor;” and (c) took a view to “H,” and all partitions installed in the front of the H, all of which were flicked by drinking water, water purifiers, and water cup, which were installed adjacent to the district entrance, and obstructed the police officer’s legitimate performance of duties concerning the criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. The application of statutes to prepare and report recording records of telephone recording or investigation;

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

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 sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the grounds of sentencing) (the scope of the recommended sentence [the obstruction of performance of official duties, types 1, basic areas, six months of imprisonment, one year and four months] and the following circumstances shall be determined as per the disposition, taking into account all the circumstances. favorable circumstances: the time when a crime is committed; the time when a crime is committed; the recent eight years are recognized as crimes; and the circumstances that there are no criminal records other than the punishment imposed twice for a crime

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