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(영문) 제주지방법원 2016.03.24 2016고단191
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 13, 2016, at around 23:50, the Defendant: (a) was arrested by the police officer affiliated with the police box of the Jeju Western Police Station, who was dispatched to the site after receiving a 112 report that no taxi charge would be paid on the front of Jeju Island; and (b) was transferred to the criminal department of the Jeju Western Police Station; and (c) was transferred to the police department of the Jeju Western Police Station to the metropolitan detention room of the Jeju East Police Station.

Around 01:30 on February 14, 2016, the Defendant 1: (a) around 01:0 on the Jeju-ro 221 (Ova mobile), the Defendant 221 (Ora mobile), she was fluored one time on the front of the west, and, without any special reason, the police she was seated on the side for the escort of the Defendant, and the Defendant she was fluored with a fluor of bitch fluor of the police station in the Jeju-do, which was seated on the front of the west for the escort of the Defendant. The Defendant interfered with the legitimate execution of duties concerning the escort of the police officer.

2. On February 14, 2016, around 01:50, the Defendant damaged the room door, which is a case of public property, by putting in the custody room No. 6 of the metropolitan detention room in the Jeju-dong Police Station located in Jeju-dong, Jeju-dong, Police Station No. 66 (this Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each statement of G and H;

1. Each investigation report (record on a vehicle at the time of escorting a suspect, CCTV image data damaged by public goods, and photographs and photographs damaged by public goods).

1. Application of the written estimate statutes;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the first crime [the scope of recommendations].

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