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(영문) 제주지방법원 2016.11.29 2016고단2243
공무집행방해
Text

A defendant shall be punished by imprisonment for six 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 9, 2016, at around 22:56, the Defendant: (a) went to the destination while getting on and off a taxi on the way front of the Jeju Bank located in Seopo-si, Seopopo-si; (b) brought a dispute to the destination; (c) was called a taxi engineer and a police box located in B at the same time; (d) was placed on the front of the said police box at around 23:20 on the same day after being examined by the police box; (c) was on the front of the said police box at around 23:20 on the same day; and (d) was interfering with the operation of the said taxi without a request of the taxi engineer who was interfering with the operation of the said taxi; and (d) was unable to get off the taxi from the slope belonging to the C police box at a number of times; and (e) was obstructed by maintaining the order of the said chest and the said cargo.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a taxi rate receipt);

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: A suspended sentence shall be determined as per the order, in consideration of the sentencing criteria and the following circumstances on the grounds of sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the grounds of sentencing):

The favorable circumstances: The facts of the crime are recognized and the degree of exercising force against the police officer is not serious: The inferior circumstances such as the exercise of force against the police officer by disregarding public authority: The defendant's criminal records, motive and background of the crime, circumstances after the crime, the defendant's occupation, age, family relation [in sentencing guidelines] [the range of recommending punishment] is the basic area of obstruction of performance of official duties (6-1 year and 4 months) (the special person) (the special person).

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