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(영문) 제주지방법원 2015.11.23 2015고단1391
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 13:10 on August 28, 2015, at the entrance of the Jeju Coast Guard B police box, the Defendant saw that the police officer, who belongs to the above police box, did not request the Defendant to release the Defendant’s wife arrestedd in the act of committing an act of committing an act of committing an act of crime, and, on the ground that the police officer’s request was not made, she would be said to have been in the presence of the police officer on the family day, she would be said to have been in the presence of the police officer, she would be said to have been in the presence of the police officer, she would be said to have been in the presence of the police officer on the day of she, she would cut off the person. The Defendant she was able to have the chest of the police station, who was under the control of the police station, she was her head and went away from the police box, and she was able to stop her face.

Accordingly, the defendant assaulted C and D, a police officer in the performance of official duties, and obstructed the police officer's performance of duties concerning the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. C’s statement;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that a defendant's act of assaulting police officers on the grounds of sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as "the grounds of suspended sentence") committed a crime, the nature of the crime is not less minor, the fact that the direct tangible power is exercised, and that the defendant has a record of having been punished for violent crimes in the past, it is necessary to impose a fine heavier than the fine on the defendant. Thus, the defendant is selected to have been punished by a fine, but the above violent crime is relatively long, and the defendant has not been punished by a fine or has no criminal record of obstruction of performance of official duties, and it is against the fact that the defendant has committed a crime.

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