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(영문) 제주지방법원 2015.11.13 2015고단1396
공무집행방해등
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

1. On September 29, 2015, the Defendant: (a) around 04:03 on September 29, 2015, the Defendant damaged the Plaintiff’s vehicle repair cost of KRW 562,00,000 on the vehicle following the said vehicle, to the effect that the Defendant would interfere with the operation of the vehicle from the victim E (n.e., the 27 years of age) who drives and travels in a vehicle while drinking alcohol from the shooting distance of D pharmacy C in Jeju Island.

2. At around 04:25 on the same day as the preceding paragraph, the Defendant was arrested as a flagrant offender due to the assault against the said victim E and the damage of property from G from the situation where the Jeju Western Police Station F District was called out after receiving a report from the new duty-free shop outdoor parking lot located in 69, Jeju-si, Jeju-si, and received a report.

Accordingly, the defendant interfered with legitimate execution of duties concerning criminal investigation duties by police officers who wear uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victim E, G and H;

1. A written statement of witness E;

1. A written estimate for an investigation report;

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

1. Relevant Article 366 of the Criminal Act, Article 136 of the Criminal Act, Article 136 (1) 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 sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution set forth in the sentencing guidelines for the reasons of sentencing [The sentencing range for sentencing of Article 62(1) of the Criminal Code: (i) the obstruction of performance of official duties; (ii) the basic area (one month to one year); (iii) the group of damaged crimes; (iv) the general standards; (v) the mitigated area (two months or less of imprisonment); and (iii) the result of the processing standards for multiple crimes (one to one year and seven months of imprisonment); (iv) the recognition of the facts of crimes; and (v) the fact that the victim does not want the punishment against the defendant; and (v) the circumstance that the victim does not want the punishment against the defendant is disadvantageous to the defendant by mutual consent with the victim of the damage to property.

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