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(영문) 제주지방법원 2014.11.06 2014고단1354
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 03:40 on August 12, 2014 to 04:10 on the same day, the Defendant interfered with the business of the Defendant: (a) in the “Dju store” of the Victim C’s Operation in Jeju-si from August 12, 2014 to the same day, the Defendant: (b) took a bath that “I would like to go home to the two vehicles; (c) I would like to go home to play play; and (d) I would like to go home to go back, she would go back, she would go back, she would go back, she will go back, and she will go home to go back; (b) thereby obstructing the Victim’s main business by force by failing to prepare for the business on the following day.”

2. 공무집행방해 피고인은 제1항 기재 일시, 장소에서 그 기재와 같이 소란을 피우다가 112신고를 받고 출동한 제주동부경찰서 F지구대 소속 경위 G가 피고인을 진정시키려고 하자, 욕설을 하면서 구두를 벗어 G 경위에게 던져 어깨 부위에 맞게 하고 발로 다리 부위를 찼다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of G G circumstances 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Application of the respective laws and regulations of E and C;

1. Relevant legal provisions and the choice of punishment for the crime: Article 314(1) of the Criminal Act and Article 136(1) of the Criminal Act; the choice of imprisonment with prison labor;

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

1. Suspension of execution: The scope of the recommended sentence on the grounds of the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act (the sentencing conditions stipulated in Article 51 of the Criminal Act as stated in the grounds for sentencing), [the scope of the sentence of obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, fundamental area: 6 months - January 4 months] and the following circumstances are determined as per the disposition. A favorable normal circumstance is recognized as committing a crime, and the main place that is the victim of obstruction

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