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(영문) 제주지방법원 2017.05.25 2017고단640

공무집행방해

Text

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

Reasons

Punishment of the crime

On February 11, 2011, the Defendant was sentenced to a summary order of three million won by obstructing the performance of official duties at the Seoul Southern District Court, and was sentenced to a suspended sentence of six months by imprisonment with labor at the Incheon District Court on August 11, 2011, and was sentenced to a suspended sentence of four months by the Jeju District Court on January 16, 201, and completed the execution of the sentence at the Jeju District Court on April 11, 201.

On March 14, 2017, around 01:25, the Defendant: (a) on the road in front of the D hotel shooting distance in Jeju Island; (b) on the ground that the slope G belonging to the F District of the Jeju Seo-gu Police Station in the Jeju Island and the Inspector H did not resolve the trial cost with the taxi engineer, the Defendant was unable to operate the said G by placing his own goods on the floor; (c) holding two arms around the said G in order for the said G to move the patrol vehicle in order to perform the patrol duty; and (d) holding two arms before the said G to move the patrol vehicle in order to perform the patrol duty; and (e) attaching the body of the said D hotel.

The Defendant continued to post the door of the driver’s seat of the patrol vehicle on the lane, and laid off the driver’s seat of the patrol vehicle from the above G, and continued to cover the time limit even upon the request of the above G, and used the above H H H’s chest to stop the Defendant from the patrol vehicle to prevent the accident.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A report on investigation (to analyze booms of patrol cars and video images, and to verify the details of suspect bathing);

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an inquiry report (verification of criminal history of a suspect) statute;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes.