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(영문) 제주지방법원 2016.03.17 2015고단1744
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 25, 2015, at around 23:10, the Defendant obstructed the victim’s window operation by force for about 30 minutes, by finding the victim’s convenience store in C, which was operated by the victim D, in front of the convenience store in C, and making the victim drink with a view to drinking expenses without any reason. The Defendant obstructed the victim’s window operation by force for about 30 minutes.

2. On November 25, 2015, at the same place around 23:40 on November 25, 2015, the Defendant was recommended to pay the Fridge G belonging to the Jeju East Police Station, and to return home with an implied value from a slope H, which was dispatched for the said reason.

However, the defendant is a person who is able to pay 10 million won with the alcohol value in the Republic of Korea to a slope G.

I would like to pay to the defendant in cash. I would like to pay in cash. I would like to say that I would like to pay in cash. I would like to say that I would like to pay in cash. I would like to suggest a credit card.

’라고 말하였으나, 피고인은 “ 뭐 이 자식아, 너 이리 와 봐! ”라고 말하면서 오른손으로 경사 G의 얼굴 부분을 1회 때렸다.

At that time, in order for the defendant to arrest the defendant as a current offender who obstructed the performance of official duties, the defendant, and the defendant resisted the part on the right side of the slope He, buckbucks, which was the right side of the slope H, as soon as he resisted the arrest.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of police officers' reports and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Written statements of D;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the relevant Act on criminal facts (the point of obstructing the performance of official duties) and Article 314 (1) of the Criminal Act (the point of obstructing duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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