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(영문) 제주지방법원 2016.11.11 2016고단1655
특수공무집행방해
Text

A defendant shall be punished by imprisonment for one year.

However, 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

On August 14, 2016, around 02:53, the Defendant requested the Defendant to track the location of the cell phone for the female living together with the Defendant, who does not return home at the latest, at the residence of the Defendant at C 402 at the time of Jeju Island, but the police officer took a bath to the Defendant, who is a police officer belonging to the Jeju Western Police Station D District Unit, called upon the Defendant’s 112 report, and took the cell phone at the floor, putting the cell phone up on the floor, and putting about about 20 cm, which is a dangerous object in the kitchen belt, to the said E.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E;

1. A statement prepared by the F;

1. Seizure records;

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

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, the choice of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Probation and community service order: Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Confiscation: The defendant, on the grounds of the sentencing of Article 48(1) of the Criminal Act, has knife and knife a knife, which is an object dangerous to the body of a police officer performing his/her lawful duties, and committed the crime of this case. The crime of this case is considerably poor in light of the risk of the implements and method of the crime.

Even if there are circumstances in which the defendant had been living together at the time and the female living together did not return home to the new wall and thus uneasiness was high, the responsibility is heavy in terms of using dangerous objects.

However, the defendant's living together with the defendant is not able to be able to be able to have been affected by intimidation, etc. from other people even before the times.

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