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(영문) 제주지방법원 2015.02.05 2015고단12

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 22, 2014, at around 20:15, the Defendant alleged that he had his parents in the Defendant’s residence located in Jeju-si, Jeju-si, the Jeju-dong Police Station D District Unit of the Jeju-dong Police Station, and F, upon receipt of a report, returned to the police after checking the on-site situation, and then returned to the police. The Defendant’s obstruction of performance of performance of official duties, referring to the police officer “I kn?????????????????????????????????????????????????????????????????????????????????????????????????????

Accordingly, the Defendant interfered with police officers' legitimate execution of duties concerning the handling of 112 reported cases and crime prevention.

2. The Defendant damaged an object for public use by cutting off bricks in front of the police officers while threatening them, such as the date, time, time, and place mentioned in paragraph (1), and destroyed the patrol vehicle in excess of KRW 479,587, which was behind the G patrol vehicle used by the Jeju East Police Station.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to H, E, and F;

1. Application of the Acts and subordinate statutes to each photograph and estimate;

1. Relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties) and Article 141 (1) of the Criminal Act (the point of harm to public goods);

1. Trade concurrences: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: The scope of the recommended sentencing guidelines for the reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act / [(i) the obstruction of performance of official duties, the obstruction of performance of official duties, the first category (the basic area: the obstruction of performance of official duties, the obstruction of official duties: June, - 1 year and 4 months;