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(영문) 제주지방법원 2015.05.20 2015고단284
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than six months.

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 January 15, 2015, the Defendant was sentenced to a suspended sentence of ten months in the Jeju District Court for the crime of interference with business, etc., and the said judgment became final and conclusive on the 23th of the same month.

At around 19:10 on January 16, 2015, the Defendant: (a) received a report from “Dju” located in Jeju-si, “Dju” and received a report from the police officer to verify his/her personal information, and confirmed that he/she was sent, and accompanied the Defendant to the police officer according to the Zone E of Jeju-dong Police Station in the same Dong-si.

At around 19:50 on the same day, the Defendant received a notice of the date of attendance from the victim slope F working in the E zone, and requested the victim to return home, and requested the victim to go home to the patrol vehicle, but the Defendant was refused to go home. B, the Defendant: (a) called “feass, fass, inside, and fassing the victim with the voice,” and “fass the victim’s external fassing part of the victim’s external fassing fass, which is inside Korea, and fass the victim’s external fasssing part of the victim’s external fassing part of the victim’s fassing part of the accident,” and (b) continued to fass the cellular phone, which was cited by the victim at the same time, to go home to the worker in the situation.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and suppression of F, who weared police uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of the G production;

1. Relevant photographs;

1. Previouss before and after judgment: Unauthorized statements and results of confirmation, and application of Acts and subordinate statutes of the judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The sentencing guidelines for the sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order are as follows: The sentencing guidelines for the reasons for the sentencing of Article 62-2 of the Criminal Act: (a) the scope of the sentence [the crime group of obstruction of performance of official duties, the obstruction of performance of official duties, the first category (in

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