logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2016.02.17 2015고단1804
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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

1. On December 5, 2015, the Defendant: (a) was drunk in the process of drinking and calculating alcoholic beverages at C’s main points located in Jeju-si, Jeju-si, Jeju-si on December 5, 2015; (b) was bread to the victim D (the victim aged 31) who is an employee without any justifiable reason; and (c) was bread to the victim’s bucks and bucks.

2. On December 5, 2015, the Defendant, at around 01:40, assaulted F on the hand, who was asked questions to the police officer of the Jeju Western Police Station E District, who was called out after receiving a report at the same place as the preceding paragraph, on his/her personal information, and was asked by F, of his/her personal information. In doing so, the Defendant assaulted F at one time on the left side of F with his/her hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements prepared in D;

1. Application of statutes on the photograph of the case

1. Relevant Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of violence), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Criminal Act are as follows: (i) the scope of sentence imposed on the grounds of sentencing guidelines for sentencing [the group of crimes interfering with the performance of official duties, interference with the performance of official duties, Type 1 (the 1st of June to April), the basic area (the 2nd of January), violence crime group, assault crime, the first type (the 1st of October to October), the basic area (the 1st of imprisonment), the results of multiple crimes processing standards (the 6th to 1st of October) and the following circumstances; (iii) the fact of crime; (iv) the fact of crime is recognized; (v) the fact that there is no record of criminal punishment due to the obstruction of the performance of official duties; and (v) the fact that it is not good to use violence against police officers dispatched after receiving a report without any justifiable reason; and (v) other crimes in this case.

arrow