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(영문) 제주지방법원 2016.11.29 2016고단1814
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for four 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

At around 20:40 on August 21, 2016, the Defendant rejected a request for presentation of an identification card from the head F of the Jeju Western Police Station E-district in the Jeju Western Police Station, which was exposed to the fact of crossinging traffic without permission on the front of the National Bank, in front of the 57th-ro 57 (fluence) on the road in front of the Jeju National Bank, and used the Defendant’s desire to “Iskh, Ostoh, Istoh, Isar, Isar, Isar, Isar, Isar, Isar, Isar, Isar, Isar, Isnish, Isar, Isnish, Isnish, Isnish, Isnish, Isnish, Isnish, Isnish, Isnish the following.”

Accordingly, the defendant interfered with the legitimate execution of duties on traffic offenses by police officers who wear a uniform.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of criminal implements);

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: A suspended sentence shall be determined as per the order, in consideration of the sentencing criteria and the following circumstances on the grounds of sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act as stated in the grounds of sentencing):

The favorable circumstances: The facts of the crime are recognized and considered to have been committed, and there is no previous conviction except for the punishment of a fine on one occasion due to drunk driving in 2000: The circumstances that led to the crime of this case by disregarding public authority and the use of each item in the process of the crime, etc. are inferior to the quality of the crime: The motive and circumstances of the crime, the circumstances after the crime, the circumstances after the crime, the occupation, age, family relation of the defendant [the scope of the recommended punishment] [the basic area (6 to 14 months) of the obstruction of performance of official duties [the decision of sentence] [the defendant's criminal records, the contents and circumstances of the crime of this case, family relations, occupation, etc.].

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