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(영문) 제주지방법원 2015.04.06 2015고단297

공무집행방해등

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 17, 2014, the Defendant: (a) around 16:25, 2014, the Defendant destroyed the damage of property by putting the Victim C from the “D” car page operated by the Victim C in Seopo-si, Seopo-si, on the ground that the Victim was able to speak with the other customers; and (b) making the Victim’s knife a knife-type table, which was located at that place, the Defendant 150,000 won of the repair cost.

2. On December 17, 2014, the obstruction of performance of official duties and the Defendant: (a) requested the police officer belonging to the Jeju Posting Police Station located in Seopo-si, Seopo-si to allow tobacco to smoke; (b) called out a smoking place from the above G to take out the place outside of the police box; and (c) took the right course of the G by walking out the body of the G with his head at the steering box of the Posking; (d) took the body of the G to control it; and (e) took the head at the steering box of the Posking; and (e) took the tabbbbb, which was put on the body of the G.

As a result, the defendant interfered with the legitimate execution of duties by police officials on criminal investigation and maintenance of order, and the victim G(34 years of age) was put into two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning H, I, and G;

1. C’s statement;

1. Each photograph;

1. A medical certificate;

1. Written estimate;

1. Application of the Acts and subordinate statutes to arrest and report suspects;

1. Relevant legal provisions and the choice of punishment for the crime: Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act; Selection of imprisonment with prison labor;

1. Concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

The circumstances favorable to the reasons for sentencing: The circumstances that are unfavorable to the person who has no previous conviction or heavier punishment (the part on the destruction of property): the previous division (the obstruction of performance of official duties, the fine