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(영문) 제주지방법원 2015.06.26 2015고단456
공무집행방해
Text

A defendant shall be punished by imprisonment for four 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 March 21, 2015, at around 04:15, the Defendant: (a) received a warning from G to the police officer of the Jeju Dong-dong Police Station, who was dispatched upon D’s report due to not paying the drinking value; (b) received a warning from G to the effect that “the police officer may be punished as obstruction of performance of official duties if he/she assaults a police officer; (c) was able to carry the G’s work force by hand; and (d) concealed the h’s ebbbage, which he/she continued to carry the Defendant on the part of the police officer belonging to the same district with intent to carry the Defendant on his/her hand.

As such, the Defendant interfered with the legitimate performance of duties concerning the prevention, suppression and investigation of crimes G and H.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of H and G;

1. Application of Acts and subordinate statutes prepared by the I;

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. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: The reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of the reasons for sentencing), are as follows, taking into account all the sentencing criteria and other circumstances into account:

[The sentencing criteria for the obstruction of performance of official duties is the first category (the scope of recommending punishment: January to August 1: the case where the degree of assault, intimidation, and deceptive scheme is minor): The circumstances that are disadvantageous to the fact that all criminal facts are recognized and reflected: The fact that it is not good to be a crime committed by disregarding public authority. It is so decided as per Disposition on the grounds that the motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, health status, and family relations are higher.

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