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(영문) 제주지방법원 2017.02.03 2016고단2891
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On November 14, 2016, 22:30, the Defendant: (a) visited the taxi engineer’s report because he did not pay the fare for the immediately preceding taxi; and (b) was demanded by the Defendant to pay the taxi fee from the police officer belonging to the police officer belonging to the Seo-gu Police Station C in the Seo-gu Police Station in the Jeju, Seo-gu; and (c) was demanded by the Defendant to return home from the police officer belonging to the police officer belonging to the police officer belonging to the Seo-gu Police Station in the Jeju.

“Absing the Defendant’s chest part with the Defendant’s chest, the Defendant’s chest was pushed down with the Defendant’s chest and shoulder, knife the Defendant’s finger and knife the Defendant’s face.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning civil petition affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes prepared by E;

1. Relevant Article 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 sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The facts of the crime are recognized and the degree of damage of police officers is not serious: The fact that there are two times the punishment of fines for similar crimes, the fact that the police officers interfere with the performance of official duties by police officers without any particular reason and the fact that the health conditions of the defendant suffering from severe depression and depression are expected to have an impact on this case, etc., which should be considered in light of the motive and circumstances of the crime of this case; circumstances after the crime; circumstances after the crime of this case; the defendant's occupation, age, family relationship [the range of recommended punishment] [the scope of recommended punishment]] of the basic area (the basic area (the period between June and January 6) [the person who has a special sentencing] [the decision of sentence] that there is no punishment imposed by the defendant exceeding a fine; and the above fact that there is no punishment imposed by the defendant.

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