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(영문) 제주지방법원 2019.07.03 2018고단1898

공무집행방해등

Text

A defendant shall be punished by imprisonment for six months.

However, 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. From around 04:30 on June 10, 2018 to 04:50 on the same day, the Defendant obstructed the performance of official duties by: (a) within the Jeju East Police Station C District of the Jeju East Police Station; (b) in contact with the Defendant, who was a police officer belonging to the Jeju East Police Station C District, arrested a flagrant offender committing an injury; and (c) in order to explain the Defendant’s arrest situation in detail, the Defendant saw the above slopeD’s arms to the said slopeD’s hand, and put the Defendant’s face on the face of the said slopeD; and (d) continuously threatening and threaten the Defendant’s face on the face of the said slope D; and (e) even if police officers, such as the said slope D, were present out of the said zone while leaving the said zone, by making the Defendant enter the said zone, and interfere with the legitimate execution of duties concerning the prevention, suppression, and investigation of the police officer’s crime by taking the entrance.

2. At around 04:50 on June 10, 2018, the Defendant damaged goods for public use by drinking the front door door door of the above 70,000 won of the market price (40 cm, 70 cm, 70 cm, cm) of the front door of the front floor of the police station, who was arrested as a flagrant offender under suspicion of obstruction of performance of official duties, and was escorted to the Jeju Dong-dong Police Station located in the 06:15 on the same day, and was transported to the 1st floor of the front floor of the police station.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs and quotation;

1. Application of the video CD-related statutes;

1. Relevant Article 136 (1) and Article 141 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is excessive, while there are some circumstances to consider the circumstances of the crime, the defendant's age, character and conduct, family relationship, environment, circumstances and results of the crime.