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(영문) 제주지방법원 2015.11.23 2015고단1114
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 August 11, 2015, at around 19:10, the Defendant expressed that he was requested to return home from F to the police officer belonging to the Jeju East Police Station E zone of the Jeju Police Station E zone, who was called for after receiving a report on a drunk failure in the influence of alcohol on the front of the D week located in Jeju Island, at around 19:10 on August 11, 2015, the Defendant sent the victim’s bath to F, “I see. B. B. L.W.W. L.W.W. L.W.W. L.W.W.W. L.W.W.W. L.W.W.W. L.W.W.W. L.W. L.W.W. L.W.W. L.W

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the crime prevention and suppression of F, who weared police uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of related Acts and subordinate statutes;

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 (the coercion of an obstruction 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 one year of suspended sentence; however, the act of a defendant who gives a bath to a police officer called out after receiving a report on a disturbance at the drinking house and exercises a tangible power is not easy to commit such crime and criminal conduct.

Considering the fact that the defendant was sentenced to a fine or a suspended sentence due to a crime such as violence, destruction, damage to public goods, etc., it is necessary to decide that the defendant should be sentenced to a fine heavier than the fine.

However, the execution of a sentence is to be carried out in consideration of the fact that the defendant has no criminal record of punishment or obstruction of performance of official duties, the fact that he/she has been punished by a fine, the fact that he/she has committed a crime, the fact that he/she recognizes the crime and reflects the mistake, the attitude of the defendant's act, the result of the

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