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(영문) 제주지방법원 2016.12.16 2016고단2228
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On August 13, 2016, around 07:45, the Defendant: (a) committed assault, such as, around August 13, 2016, the Defendant: (b) under the influence of alcohol in front of the “C” restaurant “C” located in Jeju Island B; and (c) the police officer affiliated with the Jeju Western Police Station E Zone E zone called after receiving a report of 112, prevented the Defendant from keeping him/her.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of order of police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. 112 Reporting case management table;

1. Application of Acts and subordinate statutes on damage and field pictures;

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

1. Suspension of execution: A suspended sentence shall be determined as per the order, in consideration of the sentencing criteria and the following circumstances on the grounds of sentencing under 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 favorable circumstances: The facts of the crime are recognized and discussed; the money was deposited for the police officer who suffered damage after the prosecution; the degree of the exercise of tangible force does not reach a very serious degree; the defendant's wife wanted to have been punished twice due to damage to public goods and obstruction of performance of official duties; and the crime of this case is committed in violation of public authority by obstructing police officers from performing their duties without any justifiable reason under the influence of alcohol. Other circumstances such as the motive and circumstance of the crime; circumstances after the crime was committed; the defendant's occupation, age, family relation [the sentencing criteria] [the scope of recommending punishment]] there is no basic area [the person who is no person who has been sentenced to a special punishment] [decision of the suspension of official duties]; the degree of obstruction of official duties and the circumstances after the crime.

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