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(영문) 제주지방법원 2016.10.20 2016고단1218
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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 April 27, 2016, the Defendant: (a) around 03:15 on April 27, 2016, at the main point of “D” located in Jeju City, performed alcohol, and (b) took a time fee to the victim E (the age of 41) who was a customer who was next to the Defendant, without any particular reason, and her soned the victim at one time.

2. On April 27, 2016, around 03:50 on April 27, 2016, the Defendant, at the main points indicated in Paragraph 1 operated by the Victim F, took a view that, on the ground that the victim reported the assault case under Paragraph 1 to the police, the Defendant took an attitude that, “Any year was reported, collapse, and the year that passed since the date on which the decision was reached,” she saw that he was flicking, she was flicking, and flicking, and her employees.

Accordingly, the defendant interfered with the victim's main role operation by force.

3. 공무집행방해 피고인은 2016. 4. 27. 04:15경 제1항과 같은 장소에서 신고를 받고 출동한 제주동부경찰서 G지구대 소속 경찰관인 경사 H으로부터 ‘술값을 지불하고 귀가하라’는 권유를 받았으나 이를 거부하면서 손으로 위 H의 오른손을 잡아당긴 후 입으로 물어뜯을 듯한 태도를 취하고 H의 엉덩이를 발로 걷어차고, 이를 제지하는 경사 I에게 “너, 고소할거야 개새끼.”라고 욕설하며 허벅지 부위를 발로 2회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officials on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of the respective laws and regulations of I, J, F, K and E;

1. Article 136 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);

1. Selection of each sentence of imprisonment;

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

1. The sentencing under Article 62(1) of the Criminal Act is as follows.

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