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(영문) 제주지방법원 2016.07.26 2016고단1041
공무집행방해
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 5, 2016, the Defendant was assaulted at “C cafeteria” located in Seopo-si B, Seopo-si, Seopo-si, Seopo-si, 112, and was dispatched upon receipt of the report, and received the notification of the procedure for the handling of the instant case from E by the superintendent of the police station of Seopo-gu, Seopo-si, D, the Police Station: (a) without any justifiable reason, and (b) laid off the E’s arms, and (c) cut off, flick, flick; and (b) interfered with the police officer’s legitimate execution of duties concerning the handling of the reported duties by 112.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of documentary evidence, images and closure photographs);

1. Relevant Article 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: The sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The facts of the crime are recognized and discussed, and the facts that there is no previous conviction for the punishment exceeding the fine: The crime of this case was committed by the use of violence against a police officer on duty by disregarding public authority, and the degree of the exercise of tangible power is not somewhat weak, etc.; and the crime of this case is judged as per Disposition for the reasons that there is no special sentencing person for the basic area (for example, the scope of recommended punishment) of the basic area (for example, six months to one year and four months) of the basic area (for example, the scope of recommended punishment).

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