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(영문) 제주지방법원 2016.10.19 2016고단1502
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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

At around 04:12 on July 14, 2016, the Defendant, in front of the Jeju Western Police Station D Zone D District of Jeju Police Station located in the Jeju City, as a taxi driver and the taxi driver, did not answer the demand for the taxi expenses from the slope E belonging to the said district unit and did not get off the taxi at any time, and thereby interfere with the legitimate execution of public duties concerning the maintenance of police officers’ order by making the aforementioned E to be able to get off the taxi and getting out of the taxi, as the Defendant did not answer the demand for the taxi expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of the G production;

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

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

1. The sentencing guidelines for the sentencing of Article 62 (1) of the Criminal Act on the grounds of the suspended sentence are as follows: The range of the sentencing guidelines for the sentencing of Article 62 (1) of the Act on the Suspension of Execution [the sentence that is favorable to the determination of the sentence as stated in the order: The fact of the crime is recognized and contradictory to the fact of the crime; the fact that there is no record of criminal punishment due to the crime of obstruction of performance of official duties; and the fact that there is no record of criminal punishment due to the crime of obstruction of official duties: The use of violence against the police officers in uniform who handle the defendant's non-paid case upon receiving the report by the taxi engineer; the crime is not good in light of the background of the crime in this case; the method and degree of exercising violence; the defendant's age, character and conduct

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