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(영문) 제주지방법원 2015.09.17 2015고단862
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, 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 May 16, 2015, around 06:20, the Defendant was recommended to pay the taxi fee and return home from the police officer, who did not pay the taxi fee that D taxi drivers E drive at the front parking lot of the Jeju Dong Police Station C District in Jeju-si, Jeju-si, Jeju-si, Jeju-si, and recommended to pay the taxi fee that D taxi drivers E drive at the front parking lot of the Jeju-dong Police Station, and to return home.

Accordingly, the Defendant: (a) expressed that the instant F is frienda, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, friend, left left by the left side of the said F; and (b) committed assault by the said G that “I friend, friend, friend, friend, friend, friend, friend, friend.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Determination of types: Type 1 of obstruction of the performance of official duties (the coercion of an obstruction of the performance of official duties);

2. Scope of recommendations: Imprisonment for six months to one year and four months (basic area).

3. Determination of sentence: In light of the fact that the act of a defendant who assaultss a police officer in the course of execution of one year of imprisonment or one year of suspended sentence or two years of suspended sentence does not mean that the nature of such crime is less severe, that the direct tangible power is exercised, and that the defendant has a record of being punished several times of violent crimes in the past, etc., the defendant may not be subject to strict punishment by imprisonment with prison labor.

However, probation shall be made in consideration of the fact that the defendant recognizes the crime and reflects the mistake, the fact that the defendant is a contingent crime, and there is no record of punishment more severe than the fine.

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