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(영문) 제주지방법원 2015.02.10 2015고단39
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On December 31, 2014, the Defendant: (a) obstructed the performance of official duties and the Defendant injured by assault; (b) moved to the police box of the Western Police Station Escopon, which was called “D scopons” located in Seopo-si, Seopo-si; and (c) moved to the Escopon of the Seopo-si Police Station Escopon, which was called “D scopons” located in Seopo-si, Seopo-si, Seopo-si, with the police officer F.

On the same day, at around 21:32, the Defendant 21:32: (a) carried the bridge of G, which requires the confirmation of personal information, used it on the floor by cutting down the bridge of G, which was used by the Defendant, and that F exceeded F along with F in the process of cutting down the body of the Defendant and resisting the Defendant, thereby obstructing police officers’ legitimate performance of duties concerning crime prevention and investigation, etc.; (b) at the same time, assaulted the Victim F, thereby incurring approximately 14 weeks of medical treatment.

2. On December 31, 2014, the Defendant damaged public goods by destroying a part of the lower part of the police box that was arrested as a flagrant offender under suspicion of obstruction of the performance of official duties, and was seated at the front seat of the police box, due to the act described in paragraph (1) around 22:09.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Application of the Act and subordinate statutes, “two copies of a photograph of the Speaker”, “five copies of a photograph”, “a diagnosis document”, and “an investigation report (Evidence No. 21 of the Evidence List)”

1. Relevant legal provisions concerning criminal facts: Articles 136 (1), 262, 260 (1) and 141 (1) of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. are indicated in sentencing guidelines.

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