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(영문) 제주지방법원 2014.10.24 2014고단1132
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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 29, 2014, the Defendant: (a) 22:25 on the roads prior to Jeju Island; (b) ju Dong-dong Police Station’s slope C, etc., a police officer, etc. belonging to the traffic control department of the Jeju Dong-dong Police Station, who dealt with a traffic accident, walked with the traffic accident without any justifiable reason; and (c) breabbbbbbbs, etc., the police officer, who prevented the police officer from taking one time to walk, etc., and obstructed the police officer’s legitimate performance of his duties

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to C and D

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. Social service order: The sentencing guidelines for the sentencing of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. shall be imposed as ordered by the sentence, taking into account all the following circumstances: The sentence shall be imposed in light of the following factors: (a) the favorable normal circumstances: (b) the recognition of the facts of the crime; (c) there is no previous conviction beyond the same kind of crime or fine; (d) there is no previous conviction beyond the fine; and (e) there is no excessive difficulty for the family members (one parent, spouse, and two children) when the defendant is detained: It is not good for the nature of the crime in light of normal circumstances; and (e) the decision is made as ordered by the disposition for the reasons above, such as the circumstances after the crime, the defendant's occupation, family relation, etc.

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