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(영문) 제주지방법원 2016.12.08 2016고단2121
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

At around 02:00 on September 14, 2016, the Defendant discovered that E in the front of the C convenience point in Jeju Island, the head of Jeju Dong Police Station D District Unit, arrested a flagrant offender committing indecent act by compulsion and trying to go to the district on the patrol vehicle, and took a bath to the said E without any justifiable reason under the influence of alcohol, such as “scop and door opening.” In doing so, the Defendant was assaulted to the said E, such as “scop and door opening,” and the Defendant was unable to drive the patrol platform, thereby obstructing the legitimate performance of duties regarding the criminal investigation of the said E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on investigation (the process of accompanying the arrest of a suspect) and a copy of arrest of a flagrant offender by indecent act;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as the "justifiable circumstances") of the suspended sentence;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] shall be the basic area (6 months to 1 year and 4 months) of the obstruction of performance of official duties (the scope of recommendations].

2. Determination of sentence: (a) considering the Defendant’s age, character and conduct, environment, the degree of assault committed by the Defendant against the victimized police officer; (b) the means and consequence of the crime; (c) circumstances after the crime; (d) sentencing cases in similar cases; and (e) other various conditions of sentencing specified in the instant pleadings. Disadvantageous circumstances: the Defendant committed the instant crime by means of cutting the police officer patrol at the patrol stand or going on the patrol stand; (b) taking into account the duty of the interfered police officer; (c) details of the crime; (d) the risk of the crime; and (d) taking into account the situation where the crime was committed; and (e) taking account of the pertinent duties of the interfered police officer; and (e) taking into account the degree of assault committed by the Defendant to the victimized police officer; and (e) the method and consequence

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