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(영문) 제주지방법원 2017.03.23 2016고단2842
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 November 20, 2016, the Defendant: (a) at around 23:10, the victim C’s “D dan” operated by the victim C at Jeju-si on November 20, 2016; (b) due to the drinking value, the Defendant: (c) took a bath to the victim; (d) took a bath to the victim; and (e) took the victim’s face from the victim’s body; (e) took a bath to the victim; and (e) took the victim’s face by drinking; (e) plucking the victim’s face; and (e) plucking and plucking the employee E (for example, 32 years of age).

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

2. The Defendant obscenity in a public performance, as described in the above paragraph 1, deviates from the Defendant’s sexual organ in front of the above C, E, and players at the right angle of the same day and at the end of the Defendant’s sexual organ.

The patently committed obscene acts, such as shot and knicking, etc.

3. Around November 21, 2016, the Defendant interfered with the performance of official duties, at the cell of the police station located in the Jeju-dong Police Station located in the Jeju-dong Police Station located in the 66th Jeju-do, and was arrested as a flagrant offender on suspicion of interference with the above duties, etc., and was arrested at the same place, the Defendant interfered with the police officer’s legitimate performance of duties on the ground that G police officers, who are the police officers belonging to the F of the Police Station in the Jeju-gu Police Station in the Jeju-gu, Seo-gu, Jeju-dong Police Station, were arrested as a flagrant offender on charges of interference with the above duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Application of the respective Acts and subordinate statutes of H and E;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 245 of the Criminal Act (the point of obscenity in a public performance) and Article 314 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment with prison labor (the fact that the degree of assault against police officers is not minor, the fact that there is criminal records obstructing the performance of official duties, and the fact that patently obscenity is committed, etc.);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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