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(영문) 제주지방법원 2015.07.01 2015고단623
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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

On May 3, 2015, around 07:15, the Defendant: (a) asked the Jeju Western Police Station to leave the vehicle on the front of the Jeju Western Police Station that was dispatched after receiving a report of drinking driving at C at the front of the Jeju Island; and (b) asked the Defendant to “I see that I see this dog, I see that I would see that I would see that I would see that I would see it, and that I see that I would see that I see the face of the said D at one time

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the prevention, suppression and investigation of the above D crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of statutes on site photographs;

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 scope of the sentencing guidelines for the sentencing of Article 62 (1) of the Act on the Suspension of Execution [the crimes of obstruction of performance of official duties, the obstruction of performance of official duties, the first category (the obstruction of performance of official duties/performance of duties), the basic area, the imprisonment from June to April] and the following circumstances: The fact that the facts of the crime are recognized and the degree of the use of violence against the police officer is not serious, and the degree of the use of violence against the police officer is not serious, and there is no past record of the crime of obstruction of official duties: The fact that the police officer dispatched upon receiving a report of a drunk driving requires the police officer to leave the vehicle, and the use of violence is not good, and there is no record of punishment for violent crimes three times: The defendant's age, character

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