(영문) 제주지방법원 2016.05.20 2016고단454

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2016.05.20 2016고단454

공무집행방해

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

On March 10, 2016, the Defendant was asked about the personal information from the slope D belonging to the Seo-gu Police Station C unit of the Seo-gu Police Station, Seo-gu, Seo-gu, Jeju, who was under the influence of alcohol at the OO point located in the Jeju-si B on March 10, 2016, and was dispatched after being notified of 112.

They have a choice.

The term "I ambling" means "I ambling and drinking, and as I ambling to E in the same position, I ambling and pushing I ambling the above E in two arms that occur at A amba, and interfered with police officers' legitimate execution of duties concerning the handling of report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement prepared in F, G, and H;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The sentencing guidelines under Article 62(1) of the Criminal Act on the grounds of sentencing under Article 62(1) of the suspended sentence are as follows: The scope of sentence for the reasons of sentencing [the scope of sentence for recommendations [the crime obstructing the performance of official duties, the category 1 (the obstruction of performance of duties and the coercion of duties), the basic area, the age of the defendant, the age of the criminal defendant, the sexual behavior, the environment, etc.] and the following circumstances are considered: The circumstances at a disadvantage that recognized the facts of the crime and reflects the fact that the police officer dispatched upon receiving a report is not sufficient to be the crime committed by disregarding the public power by exercising violence against the police officer dispatched after receiving the report, and there are other records that the police officer was punished several times for the crime of violence: the degree of the use of violence against the police officer,

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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