logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2015.11.12 2015고단1165
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 June 28, 2015, at around 20:26, the Defendant: (a) voluntarily carried the 1112 police box belonging to the head of the Jeju East Police Station, who was called out after having received a report that the Defendant avoided the disturbance of traffic accident due to drinking driving; (b) voluntarily carried the f and the e box to the police box belonging to the police box belonging to the Jeju East Police Station, which was called out by the Defendant at around 21:10 of the same day; and (c) assaulted the f face of the f of the fac police box one time by taking the charge of pointing out the objection

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. G statements;

1. Application of Acts and subordinate statutes to photograph videos;

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

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 (influence of the performance of official duties);

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

3. Determination of sentence: Imprisonment with prison labor for six months and suspended sentence for one year, but the defendant's act of having a complaint and face of a police officer when the result of the measurement of drinking alcohol is very serious, and thus, it is necessary to sentence the defendant more severe than a fine.

However, considering the fact that the defendant was not subject to punishment of a fine on one occasion for another type of crime, and there was no previous conviction, the fact that the defendant recognized the crime, and reflects the mistake, and again, the other party to the obstruction of performance of official duties did not commit such crime, and the other party to the obstruction of performance of official duties paid 1 million won damages to the police officer, and paid 5 million won a fine in the separate summary order due to drinking driving, which was the foundation of this case, the execution of the punishment shall be suspended.

arrow