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(영문) 제주지방법원 2016.09.06 2016고단453

공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding five hundred thousand won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On March 12, 2016, the Defendant: (a) 02:00, around D, under the influence of alcohol on the road at Jeju-si, and was solicited to return home from the police officer F, a police officer belonging to the Jeju Dong Police Station E Zone E zone, who was called the Jeju Police Station, and called “I saw, I saw, I see that I saw, I see that I saw, I saw, I swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swe swes

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crimes by police officers, protection of prisoners and maintenance of order, etc.

2. The Defendant violated the Punishment of Minor Offenses Act around 02:05, on March 12, 2016, arrested a police officer as a flagrant offender committing the crime of obstruction of performance of official duties, and was transferred to the Jeju East Police Station E zone around 02:10 on the same day.

On March 12, 2016, from around 02:12 to 02:50 on the same day, the Defendant, while drunkd in the above district, a government office, from around 02:12 to around 02:50 on the same day, performed very rough and scamous words and actions through very rough and disorderly words and actions for about 38 minutes, such as “Scam scams, a country’s breabbed scams, etc., if any, to which end, they were accused on human rights.”

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. Each statement prepared by H and G;

1. Application of Acts and subordinate statutes to the statement in the circumstances of a host person;

1. Relevant provisions of the Criminal Act and the choice of punishment for the crime: Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties, the choice of imprisonment), and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance for revocation by government offices and the choice of fines);

1. Punishment of concurrent crimes: the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

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. Provisional payment order: The sentencing guidelines and the following are based on the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.