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(영문) 제주지방법원 2016.11.30 2016고단2402
특수공무집행방해등
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

1. A special intimidation: (a) around October 27, 2016, around 21:30, the Defendant: (b) under the influence of alcohol with the victim D (n, 45 years of age) who was a person living together with the Defendant’s residence; (c) was under the influence of alcohol while drinking alcohol with the victim D; and (d) was under the influence of alcohol to the victim; and (c) was under the influence of alcohol, a dangerous object on the table, with the victim’s body, and thereby, threatened the victim with the victim as the victim with a hump and with the victim’s hump.

2. At around 21:50 on October 27, 2016, the Defendant of special obstruction of performance of official duties: (a) Dogra 103, Dagra 103, on the 112th of the Victim’s Dogra 103, sent out after receiving a report from the Victim’s 112; (b) Dogna Hag F and Gman enter the Defendant’s residence; (c) Dogna Hag Hag Hag Hag Hag Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had k

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Written statements of D;

1. Statement of the police statement concerning F;

1. On-site photographs, photographs of criminal tools, reports on the use of police arms, and records on the handling of reported cases;

1. Application of Acts and subordinate statutes to the protocol of prosecutorial statement concerning D;

1. Relevant legal provisions concerning criminal facts: Articles 284 and 283(1) of the Criminal Act, Articles 144(1) and 136(1) of the Criminal Act (the point of special obstruction of performance of official duties);

1. Commercial concurrence and choice of penalty: Articles 40 and 50 of the Criminal Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Confiscation: It is so decided as per Disposition for the reasons under Article 48 (1) 1 of the Criminal Act;

The reason for sentencing (within the range of the recommended sentencing guidelines) special intimidation mitigation area: in the case of carrying dangerous articles that are dangerous in the area of the obstruction of performance of official duties in April-1.

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