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(영문) 제주지방법원 2015.08.19 2015고단821
공무집행방해등
Text

A defendant shall be punished by imprisonment for four 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

1. On May 15, 2015, the Defendant: (a) around Jeju Island, around 04:11, the Defendant: (b) received a report from the police officer D(24 years of age) belonging to the Jeju Dong Police Station C District Unit of the Jeju Police Station, who was called out, and received a disturbance by gathering fire on the vehicle parked at the same place without any particular reason; (c) took care of the victim; and (d) took care of the breath of the police officer’s head by hand; (d) took the breath of the police officer’s head by drinking; and (e) took the head of the police officer’s head to arrest the Defendant; and (e) interfere with legitimate performance of duties concerning criminal investigation and maintenance of public order by the police officer.

2. In the event that neighboring residents open and repair their windows at the time and place of paragraph 1, the Defendant publicly insultingd the victim D by referring the victim D to the large lux of “Isle, Isle, Isle, Isle. I am am h. h. h. h. h. h. h.h.).”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of statutes on field photographs;

1. Relevant Article 136(1) of the Criminal Act, Article 311 of the Criminal Act, and the choice of imprisonment for the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence set forth in the sentencing guidelines for the sentencing of Article 62(1) of the Act on the Suspension of Execution [the scope of sentence for the obstruction of performance of official duties, the obstruction of performance of official duties, the first category (the coercion of official duties), the mitigation area, one to eight months of imprisonment] and the following circumstances are considered as follows: The fact of crime is recognized and reflected; the degree of violence against police officers is not serious; the degree of violence against police officers is not severe; the police officers who were punished for the obstruction of performance of official duties or were sentenced to a fine heavier than the fine is considered to have expressed a desire and assault against the police officers

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