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(영문) 제주지방법원 2017.01.11 2016고단2484
공무집행방해
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

around 06:55 on September 26, 2016, the Defendant: (a) took a bath to the effect that “D” restaurant located in Jeju Island; (b) the Defendant, under the influence of alcohol, she was forced to invalid from F, a police officer belonging to the Seo-gu Police Station Eer of the Seo-gu Police Station Eer of the Jeju Police Station, a police officer belonging to the Eergae, who was called for a disturbance, she pushed the said F by her hand.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement of the G production;

1. Application of the relevant Acts and subordinate statutes to related photographs, damaged photographs, motion picture CDs;

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

1. The sentencing guidelines for sentencing under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence are as follows: The range of sentencing [the scope of sentencing guidelines for sentencing [the crime obstructing the performance of official duties, obstructing the performance of official duties, obstructing the performance of official duties, obstructing the performance of official duties, restricting the area of punishment, one month to August], and considering the following circumstances: The recognition of facts of crimes that are favorable to the determination of punishment as set forth in the order: The degree of the police officer's exercise of violence against the police officer is relatively minor: The defendant's abusive behavior after receiving a 112 report on his main disturbance, and the degree of the exercise of violence against the police officer's main disturbance is very poor; the crime is very poor; there is a history of criminal punishment for several violent crimes; in particular, there is a history of criminal punishment under one time by obstructing the performance of official duties: The defendant's age, sexual behavior, environment, etc.

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