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(영문) 제주지방법원 2016.09.02 2016고단1209
공무집행방해
Text

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

except that 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 June 14, 2016, around 00:36, the Defendant was required to return home from E to a police officer belonging to the Jeju Western Police Station D District Police Station, who was called out after receiving a report while drunking a drunk c in the Jeju Island.

Accordingly, the Defendant committed assault against E, etc., of mobile phones cited by the police of the Republic of Korea, “Iskin, Iskin, Iskin, Isknish.”

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

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

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 fact that all facts of crime are recognized and discussed, and the degree of damage is not very significant: the fact that the Jeju District Court has been sentenced to a fine of two million won for the same crime and violence-related crimes on November 24, 2010, by issuing a summary order of a fine of two million won for the crime of obstruction of performance of official duties, etc. In other cases, it is decided as per the disposition on the grounds that there is no more than the basic area (6-1 year and 4 months) of the obstruction of performance of official duties.

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