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(영문) 제주지방법원 2016.07.22 2016고단1120
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 00:40 on June 9, 2016, the Defendant obstructed the legitimate execution of duties concerning the investigation and maintenance of public order and order of the Defendant, on the ground that the Defendant’s slope F, a police officer belonging to the Jeju Western E police station, who was called out after receiving the report, would restrain the victim by avoiding disturbance, such as destroying the Defendant’s wife D by leaving her wife D and leaving her equipment and destroying them, etc., and the Defendant was called out after receiving the report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of statutes on site photographs;

1. Relevant Article 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: The sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The facts of the crime are recognized and considered to be all the facts of the crime, and the conditions unfavorable to the first offender who has no previous conviction: The fact that the crime is inferior to the quality of the crime by disregarding public authority by exercising the force of force on the face of a police officer who is performing legitimate official duties, such as exercising the force of force on the face of a police officer who is performing legitimate official duties; and other circumstances: Family relationship [the sentencing guidelines] [the scope of recommended punishment] of the basic area (including the scope of recommended punishment] of the first type (6 months to one year and four months) of the basic area (including interference with the performance of official duties and coercion of duties) of the first type (6 months to one year and four months): there is no special sentencing factor: [decision of sentence] of the defendant, considering that there is no past criminal record, etc., a sentence lower than the recommended punishment should be sentenced for the above reasons.

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