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(영문) 제주지방법원 2014.06.27 2014고단544
공무집행방해
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 21, 2014, at around 05:10, the Defendant: (a) stated that “112 Hashed” was at the time of changing the destination while boarding D taxi driven by C; (b) requested C to provide assistance according to the F District of the Jeju East Police Station in Jeju, Jeju; and (c) recommended the Defendant to pay for taxi expenses and return to the Republic of Korea by the police officer G belonging to the said district; and (d) made an assault, such as off the upper part, flabing the fat, flabing the fat, flabing the fat with the flab, etc., thereby hindering the legitimate execution of duties of police officers regarding the handling of the case.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and C;

1. Application of Acts and subordinate statutes to photographs and investigation reports related to the obstruction of performance of official duties (Attachment of photographs by cutting down some CCTV images to the F District CCTV);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 136 (1) of the Criminal Act and the choice of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: The sentencing range of the reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [The sentence shall be imposed as ordered in consideration of all the following circumstances: The favorable normal circumstances recognized and reflects the facts of the crime, and the family relation (the child born after confusion is being raised alone) where the defendant is detained, which would cause an excessive difficulty to his family members: The same criminal records (the crime of obstruction of performance of official duties, etc. on April 19, 2007, the fine of two million won) and other criminal records of suspension of execution or more due to violent crimes: The sentence shall be determined as ordered on the grounds of the circumstances following the crime, the circumstances after the crime, the defendant's occupation, family relation, etc.

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