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(영문) 제주지방법원 2014.06.03 2014고단413
공무집행방해
Text

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

except that 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

At around 23:20 on March 17, 2014, the Defendant: (a) reported that there was a customer with no drinking value without paying the drinking value; and (b) requested a police slopeF belonging to the Jeju Police Station E zone, who was called out, to return home; (c) took two times the chest of F in drinking; and (d) assaulted a breath by booming breath with flick, thereby hindering a police officer’s legitimate performance of duties concerning the handling of the instant case.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Suspension of execution: The scope of the recommended sentence on the grounds of the sentencing guidelines for the sentencing (the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the statement of the reasons for sentencing) under Article 62(1) of the Criminal Act (the sentencing conditions as stated in the reasons for sentencing), shall be determined as per the disposition, in consideration of all the following circumstances: The favorable circumstances: recognition of the facts of the crime; the fact that there is no same kind of criminal record and there is no past record, and that there is no record of criminal punishment after 2003: The degree of assault against the public official is not easy; the fact that there is no record of crime against the public official; the fact that there is no record of crime against the public official; the fact that there is no record of crime (the crime in the state of excessive health problems, etc.) and the occupation and family relationship of the defendant; and

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