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(영문) 제주지방법원 2018.06.05 2018고단399
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On January 6, 2018, the Defendant interfered with his duties: (a) around 23:40, the victim D (son, 26 years of age) in Jeju Island, serving as an employee, the Defendant interfered with the victim’s singing shop operation by force by avoiding disturbance, such as putting the victim’s disturbance on his/her hand, with the victim’s dissatisfaction that the victim said as “the time during which he/she had gone to use.”

2. The Defendant interfering with the performance of official duties at around 23:50 on January 6, 2018, at the same place as Paragraph (1) of the same Article, and upon receipt of a report from D, 112 on the same factual basis as above, the Defendant demanded G to present an identification card to verify his/her identity from G in the circumstances where he/she belonged to the F District of the Jeju East Police Station of the Jeju East Police Station, which called at the site.

C. In light of the desire to be "Cals", the head part of G was bleeped twice on the hand floor without disclosing personal information, and the second G was required to present his/her identification card, and the G was assaulted on the hand floor by blick, slick, slick, and slick, slick, slick, and slick.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols made to G police statements (Interference with the performance of public duties);

1. A written statement of each victim of D;

1. Application of Acts and subordinate statutes to the F Global Work Place, the 112 Reporting Case List, and related field photographs;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code for the protection and observation of protection, and Article 62-2 of the community service order is that the defendant was sentenced to imprisonment on October 30, 2015, for six months due to interference with the performance of official duties and duties, and two months after the suspended sentence was imposed.

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