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(영문) 제주지방법원 2013.10.11 2013고단1046
공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

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 01:15 on July 6, 2013, the Defendant: (a) stated that “Dju’s store” located in Jeju-si, Jeju-si, Jeju-si, Police Station E-gu, Jeju-si, Police Station E-gu, which received and called “Dju’s permit,” and the Defendant expressed that “F’s chest part is pushed down; and (b) the police officer G sent to F along with F was released the Defendant; (c) the police officer G sent to F, “I I am, I am dead” and “I am dead,” which interfered with the police officer’s legitimate execution of duties concerning the handling of the instant case and the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol to G and F

1. Relevant provisions of criminal facts: Article 136 (1) of the Criminal Act;

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

1. Selection of penalty: Imprisonment;

1. Suspension of execution: The reasons for sentencing are as follows: (a) the scope of recommended sentences [the scope of sentence of punishment of Article 51 of the Criminal Act, like the reasons for sentencing, shall be limited to the execution of official duties, the scope of punishment [the scope of punishment of Article 51 of the Criminal Act, where there are many public officials who have suffered damage], one year and four years], and the following circumstances; (b) the sentence shall be imposed as per the order in consideration of all the favorable circumstances; (c) the fact that the facts of the crime are recognized and seriously contradictory; and (d) the circumstances that may be considered in the course of the crime were reported, and the police were dispatched to the police, but the portion of the crime of fraud was not taken place; (d) the portion of the crime was not accepted even if it was not intended to calculate the drinking value” is partially acceptable in the defendant's appeal. Unfavorable circumstances: (d) the defendant's previous conviction was committed in the same kind of imprisonment with prison labor or more; (e) imprisonment with prison labor for obstruction of execution for one year and one year suspension of execution for more than three years;

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