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(영문) 제주지방법원 2017.02.16 2016고단2706
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 9, 2016, the Defendant: (a) obstructed the operation of the victim’s main points for 50 minutes until the police officer who received the report arrives at the victim C, without calculating the drinking value after drinking at D’s main points of “D,” operated by the victim C; and (b) took a bath to the victim’s husband and wife, and instructed the victim’s husband and wife to sit in the table that she drinks his/her drinking; (c) interfered with the operation of the victim’s main points until the police officer received the report.

2. On October 9, 2016, the Defendant interfered with the performance of official duties, on the ground that F of the patrol box affiliated with the Goyang Police Station E box called out after receiving a report at the same place as paragraph (1) on October 23:55, 2016, prevented the Defendant from interfering with the Defendant’s duties.

Hashesheed Hashe Beder

Irurine.

“Absing and rhing the head of F in the above context while putting him/her into a bath, etc., and dumping him/her with bather and fating his/her chests twice.

Accordingly, the defendant interfered with the legitimate performance of duties by police officials on the maintenance of order and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. A report on investigation (victim currency);

1. Preparation and reporting of a record of telephone recording or investigation, and the application of statutes of the record;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment with prison labor for the crime;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. Two crimes (Obstruction of Duties) committed within the scope of the recommended punishment on the sentencing guidelines, including the category 1 (Obstruction of Performance of Duties) committed within the scope of the recommended punishment [The scope of the recommended punishment] committed within the scope of the sentence [the scope of the punishment] committed within the scope of the mitigated area (one month to eight months) committed within the basic area (Interference with Performance of Duties) (six months to one year and four months).

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