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(영문) 제주지방법원 2015.10.30 2015고단1178

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 28, 2015, the Defendant: (a) around 21:10, at the “D” restaurant operated by the victim C in Jeju-si; (b) without any justifiable reason, the Defendant: (c) released the customer from the hospital due to his/her own illness; and (d) made the customer in his/her place “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am to drink, I am to drink.” (c) and (d) am, I am a bath with approximately 30 minutes of drinking.

Accordingly, the defendant interfered with the victim's restaurant business by force.

2. On July 28, 2015, the Defendant: (a) 21:55 on July 28, 2015, the police officer, a police officer belonging to the Jeju East Police Station E-gu, Jeju Police Station, who called out after having received a report, asked the part of the above F’s left part; (b) continued to open the part of the F’s left part; and (c) took the bath to “human garbages”, “I will see the age of the dog, and see the police,” “I will see the above F’s face.” (d) embling the F’s face on several occasions, booms the front seat and the rear seat between the front seat and the rear seat of the patrol seat.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the investigation and crime prevention of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning C and F;

1. Application of statutes on field photographs;

1. Relevant legal provisions and the choice of punishment for the crime: Article 136 (1) of the Criminal Act, Article 314 (1) of the Criminal Act and the choice of imprisonment, respectively;

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

1. Suspension of execution: The reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of the reasons for sentencing), are as follows, taking into account all the sentencing criteria and other circumstances into account:

The favorable circumstances: all criminal facts are recognized and reflected, and the circumstances that are the first offender without criminal records are disadvantageous to police officers.