(영문) 제주지방법원 2015.10.14 2015고단1196

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(영문) 제주지방법원 2015.10.14 2015고단1196

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 00:00 on July 8, 2015, the Defendant, on the ground of a male’s boarding on the head of a passenger car of the Jeju East Police Station D District, which was located in Jeju Island at Jeju, on the ground that he was unaware of alcohol in front of the D Zone D Zone D Zone D, and was moving to the said zone, and thereafter, the Defendant obstructed the legitimate execution of duties concerning the police officer’s criminal investigation and maintenance of public order by holding the said police officer’s title one time due to a prote, who was carrying a slope E belonging to the said D Zone D Zone E, for the said police officer to leave the zone.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to F and E;

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

1. The sentencing guidelines for the sentencing of Article 62 (1) of the Criminal Act on the grounds of the suspended sentence are as follows: The sentencing guidelines for the sentencing of Article 62 (1) of the Act on the Suspension of Execution (the sentencing guidelines for the crime of obstruction of performance of official duties, the obstruction of performance of official duties, the first category (the obstruction of performance of official duties/performance of duties), the basic area, the imprisonment of June to April 14): The fact that the sentence is recognized as favorable to the sentence and reflects the fact of the crime, and the fact that there is no record of criminal punishment heavier than the fine: The nature of the crime is not good in light of the method and degree of exercising violence against the police officer in the course of performing his/her duties. The fact that there is a record of being sentenced to a summary order of KRW 1 million as a crime of obstruction of performance of official duties on November 20, 202.

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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