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(영문) 제주지방법원 2015.04.16 2015고단266
공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. At around 20:50 on February 5, 2014, at the Jeju-si, the Defendant publicly insultingd the victims by referring to “the alcohol value calculated and the spatch fluor” to the victims at the location where the victim, who was dispatched after receiving a report due to the drinking value at the bar B underground C entertainment bars, was required to present identification cards from E in the Jeju-dong Police Station D District as the victim, and employees, G, etc. who were required to present identification cards from the slopeF.

2. The Defendant threatened, at the above date, at the above time and place of obstruction of performance of official duties, those who were demanded to present again an identification card from the F, the said E, and F, that “I am blish, I am blish, I am blish, I am blish, and am blish F’s chest with his finger.”

As such, the Defendant interfered with the legitimate execution of duties concerning the prevention, suppression, and investigation of the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, E, and F;

1. Each complaint filed by E and F;

1. Application of Acts and subordinate statutes to investigative reports (fix photographs and CDs by dynamic images);

1. Relevant legal provisions concerning criminal facts: Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act;

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

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

1. Suspension of execution: It is so decided as per Disposition by the reason of Article 62 (1) of the Criminal Act or more;

Type 1 of obstruction of the performance of official duties, basic area: Normally favorable for June -1 April: There is no previous difference;

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