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(영문) 제주지방법원 2017.12.22 2017고단2717
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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

The Defendant is a Chinese person who entered the Republic of Korea for tourism on October 11, 2017.

1. On October 18, 2017, the Defendant obstructed the victim’s age club business by force for about 15 minutes, such as: (a) the Defendant: (b) was in Jeju Island around 01:10 on October 18, 2017; (c) the victim E (nive, 48 years of age) who is an employee at the D’s hotel underground; (d) was replaced with the victim E (nive, 48 years of age) without any justifiable reason; and (e) attempted to keep the victim free from doing so.

2. On October 18, 2017, the Defendant, who obstructed the performance of official duties, went out of the Jeju Police Station F District G, etc., sent out after receiving a report from 112 while committing an act, such as marching to go to E, at the places described in paragraph (1) around October 18, 2017.

The Defendant, while refusing to clarify the personal information of G and to return home on the front side of the hotel, attempted to have the face of G with which he saw, and obstructed the lawful execution of duties concerning the maintenance of order in G and the control of crime by assaulting G by avoiding this on his face.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and E;

1. Application of statutes on site and victim photographs;

1. Relevant Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 136(1) of the Criminal Act (the point of interference with the performance of public duties) 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. The reason for sentencing under Article 62(1) of the Criminal Act on the suspension of execution is the degree of interference with the instant business, the degree of assault against public officials, the fact that the victim of the obstruction of business does not want to be punished by the defendant, the defendant was committed as a contingent person who first entered the Republic of Korea for tourism, and there is a family to support him/her, including two children

the defendant's age, environment, and after committing the crime.

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