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(영문) 제주지방법원 2015.09.17 2015고단863
공무집행방해
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

On 06. 03:38 on 06. 06. 06. 06. 03:38, the Defendant did not pay taxi expenses to the front line of the Jeju Police Station, and received a demand for returning home from the Jeju Police Station C District Guard and the police officer, who was dispatched after receiving a report of taxi articles.

The Defendant heard from D the words “as you have arrived at the destination, so you have paid the fee, you have returned home,” and expressed a bath, “I have closed the door, I have died, I have to do so,” and assaulted D’s left boom at one time.

Since then, the Defendant was arrested as a flagrant offender on the above facts, and was transferred to the Jeju Dong Police Station Cdistrict located in F at the Jeju city around 06:00 on the same day, and was used by E to say that “I would avoid tobacco” at this place, but E was used as “I would not smoke. I would not smoke.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol of statement about D, E, and G;

1. Application of the Acts and subordinate statutes to a CCTV image closure photograph;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

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

1. The reason for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “the reason for sentencing”)

1. Determination of types: Type 1 of obstruction of the performance of official duties (the coercion of an obstruction of the performance of official duties);

2. Scope of recommendations: Imprisonment for six months to one year and four months (basic area).

3. Scope of recommending punishment according to standards for handling multiple crimes: Six months to two years.

4. Determination of sentence: The defendant's act of assaulting a police officer in the course of performing one year's suspended execution for six months of imprisonment with prison labor is not less vulnerable to the nature of the crime, the direct tangible power has been exercised, and the flagrant offender is arrested for charges of obstruction of performance of official duties and to the police patrol unit.

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