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(영문) 제주지방법원 2016.01.27 2015고단1808
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 16, 2015, at around 00:10, the Defendant: (a) boarded a G car driven by Defendant F, a daily driving of Defendant F, on the street in front of “E Pidio” located in Jeju Island; (b) found that three police officers, such as the security guards belonging to the Jeju Western Police Station, are controlling the driving of alcohol, and changed the direction of the vehicle to avoid crackdown, and (c) changed the direction toward the driving of the vehicle to avoid the crackdown; and (d) said H made the said car stop by a driver driving the said car, and then, to check whether the said F is drinking by using a drinking-free machine against the said F, the Defendant “h is why you want to go to the toilet.”

“F...........”

H’s arms, H cutting the Defendant’s body with H’s arms, pushing the Defendant’s body and pushed it into the Defendant’s body, cutting down a signal tag for enforcement that H used on the left hand, plucked out by plucking, cutting it on the seed floor by cutting the drinking reduction device used by H on the left hand, cutting it onto another police officer, cutting off the defective electricity in order for H to request other police officers to provide support, and obstructing the police officer’s legitimate performance of duties concerning the crackdown on drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of related Acts and subordinate statutes to photographs;

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

1. The sentencing guidelines under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence are as follows: The scope of sentence for the reasons of sentencing [the crime obstructing the performance of official duties, obstructing the performance of official duties, obstructing the performance of official duties, obstructing the performance of official duties, promoting one-year imprisonment, and four years], and considering the following circumstances, the circumstances favorable to the determination of the sentence as stated in the order: (a) recognizing facts of the crime; (b) depositing one million won after the conclusion of pleadings; and (c) leaving no record of criminal punishment due to interference with the performance of official duties: (a) obstructing the enforcement of drinking by exercising violence against the police officer in uniform who intends to verify whether he/she drives a driver, who is the daily behavior of the defendant, to prevent

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