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(영문) 제주지방법원 2016.06.17 2016고단721
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1, 2016, the Defendant: (a) received a separate report from the D Medical Center C before the D Medical Center C at Seopo-si, Seopopo-si on May 1, 2016; and (b) went to the police officer G, who was called up after receiving a separate report from the D Medical Center C on May 1, 2016.

짭새 새끼들이 다 그렇지 “라고 말하며 시비를 걸던 중 위 경찰관들 로부터 귀가를 권유 받게 되자 그에게 욕설을 하며 양 손으로 경위 F의 가슴 부위를 수회 밀치고, 머리로 위 경찰관의 얼굴을 들이받으려고 하였다.

As a result, the Defendant interfered with legitimate execution of duties on the handling of 112 report by police officers, the protection of the principal offender, and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes in a statement prepared by H;

1. Relevant Article 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. Suspension of execution: Article 62 (1) of the Criminal Act (The following sentencing conditions specified in Article 51 of the Criminal Act shall be considered);

1. Protection observation and community service order: The sentencing guidelines under the grounds for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. and Article 62-2(1) of the same Act and the following circumstances shall be determined as the order;

The favorable circumstances: The fact that all criminal facts are recognized, and it appears that they were returning to the future through reflective sentences, etc. during the life in prison in one month; the fact that there is no significant damage inflicted by police officers: the fact that there was a record of being punished by a fine for the same kind of crime in 2009; the fact that the police officers were under the influence of alcohol is not good for committing the crime in this case due to disregarding public authority; and the motive and background of the crime, circumstances after the crime was committed, the defendant's occupation, age, family relationship [the scope of recommended punishment] [the sentencing guidelines] [the scope of recommended punishment]] type 1 (Interference with the performance of public duties (from June to April) in the basic area (at least one year and four months) [the special sentencing person].

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