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(영문) 제주지방법원 2016.09.06 2016고단1069
공무집행방해
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

피고인은 2016. 5. 12. 10:22경 제주시 B에 있는 'C' 화장품 판매점 앞에서, 주취자가 행패를 부린다는 112신고를 받고 출동한 제주동부경찰서 D지구대 소속 경장 E로부터 귀가를 요청받자 "야 이씨발놈들. 이짭새새끼들"이라고 욕하면서 주먹으로 위 E의 가슴과 허벅지를 각 1회 때려 폭행함으로써 질서유지에 관한 경찰공무원의 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes prepared by the F;

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: 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: The sentencing guidelines under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., shall be determined as ordered in consideration of all of the following circumstances:

The favorable circumstances: The facts of the crime are recognized and resolved after the crime is committed, and the facts that there is no previous conviction except for the punishment of a fine once due to the crime of bodily injury: The fact that the act of disregarding public authority by drunk is in need of strict sanctions in that the defendant's illness, such as depression, seems to have somewhat influenced the crime of this case, etc., the defendant's illness, such as the circumstance after the crime, the circumstance after the crime, the defendant's occupation, age, family relationship, economic circumstances, health conditions [the sentencing guidelines] [the range of recommending punishment] [the basic area (6-1 year and 4 months) of the obstruction of performance of official duties (the person who has been punished for obstruction of performance of official duties] and the basic area (6-1 year and 4 months) [the person who has

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