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(영문) 제주지방법원 2016.08.18 2016고단936
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 31, 2016, the Defendant: (a) received 112 reports from “C driving school” in front of “C driving school” located in Seopopo-si B, Seopo-si, Seopo-si, and sent to the Defendant; (b) issued the disposal Stick to notify E as a violation of the Punishment of Minor Offenses Act (a neighboring disturbance); and (c) sent E with the Defendant “a large amount of tax paid, ring, ring, and anywhere one stop,” and assaulted the victim E-ray on three occasions as follows.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Application of Acts and subordinate statutes to an investigation report (at the time of dispatch, refusal to affix seals, etc.), an investigation report (to listen to statements by telephone on the E details), an investigation report (to attach a list of reports processing and a copy of notification details)

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

1. In light of the fact that the Defendant committed the instant crime by assaulting the police officer’s body in the course of performing his/her duties despite having been sentenced to two years of suspended sentence due to interference with the performance of official duties in the past by obstructing the execution of official duties in the past, etc., and that there is a need to strictly punish the Defendant with regard to the crime against public authority, such as obstructing the performance of official duties, in order to establish national legal order and eradicate the light of the public peace, it is necessary to strictly punish the Defendant.

However, in light of the fact that the defendant led to the crime of this case and repented his mistake, the criminal records prior to the suspension of the execution of the above imprisonment were about 14 years, the amount of punishment in similar cases, the age, sex, environment, circumstances after the crime, and other various sentencing conditions as shown in the records and arguments of this case, the punishment shall be determined as ordered.

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