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(영문) 제주지방법원 2015.09.10 2015고단1026
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 July 18, 2015, around 01:00, the Defendant: (a) received a report from a customer prior to the D entertainment tavern in Jeju Island, and was prevented from assaulting the said employee from the Jeju Western Police Station E zone, the Jeju Police Station, the E zone of the Police Station, and the patrolman, who was called out after receiving a report from the customer to fright his fright; (b) took the face of G one time in drinking, and continued to restrain him.

Accordingly, the defendant interfered with legitimate execution of duties concerning prevention, suppression and investigation of F and G crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and F;

1. A H statement;

1. Application of statutes on photographs of damage;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the Defendant’s act of assaulting a police officer on the grounds of sentencing in Article 62-2 of the Probation Criminal Act does not mean that the nature of the offense is less severe, that the direct tangible power is exercised, and that the Defendant has a record of having been punished several times due to violent crimes in the past, etc., the Defendant may not be subject to strict punishment by imprisonment with labor.

However, the execution of punishment shall be suspended on the condition of probation in consideration of the fact that the defendant acknowledges a crime and commits a mistake, reflects the fact that it is an contingent crime, there is no previous conviction of obstruction of performance of official duties, and there is no record of punishment heavier than a fine due to violent crime, etc., and the execution of punishment shall be suspended on the condition of probation, and all the sentencing conditions, such as the age, character and conduct, environment

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