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(영문) 제주지방법원 2015.01.15 2014고단1694
특수공무집행방해
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

At around 00:10 on November 15, 2014, the Defendant, at Jeju-si, argued D with the wife at the residence of the Defendant located in the second floor of C, with D’s report, was placed in the Jeju-dong Police Station E zone belonging to the Jeju-dong Police Station E zone, and the Defendant, who called out after receiving D’s report, took a bath to keep him from accessing the bath while carrying out dangerous articles ( approximately 21cm in the blade length). The Defendant was placed towards them, and the damaged slopeF and the knife knife knife knife knife knife knife knife knife k

Accordingly, the defendant interfered with legitimate execution of duties concerning prevention, suppression, and investigation of crimes by slopeF and policeman G.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Written statements of D;

1. Application of seizure records and photographs under each Act and subordinate statutes;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Articles 144 (1) and 136 (1) of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Suspension of execution: The scope of recommendation and sentence [the scope of punishment of obstruction of performance of official duties, obstruction of performance of official duties (type 1), aggravation area (type 1: imprisonment with prison labor for a year - 4 years] and the following circumstances specified in the sentencing guidelines on the grounds of sentencing (the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the statement in the grounds for sentencing) under Article 62 (1) of the Criminal Act; the sentence shall be determined as per the disposition in consideration of all the following circumstances. A favorable normal circumstances: (a) is against the recognition of a crime; (b) is against the recognition of a crime; (c) there is no history of criminal punishment other than a fine exceeding 50,000 won; (d) is supporting the wife and two children; (c) is against the police officer with a deadly weapon; and (d) is against the defendant's occupation, age, family relation, etc.: The defendant's occupation, family relation, etc.

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