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(영문) 제주지방법원 2018.07.11 2018고단40
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

On October 21, 2017, the Defendant: (a) around 22:15, the Defendant: (b) at the head of the Defendant’s office of Seopopo-si, Seopopo-si, C Apartment 206, 310, and (c) at the house, “a person suspected of committing suicide” in the house; (b) on the ground that the Defendant’s act was in excess of the Defendant’s hand, i.e., a victim of the damage affiliated with the D District Unit affiliated with the Seopo-si Police Station D District of Seopo-si, Seopo-si, the Seopo-si fire station, in receipt of 112

The victim's right-hand part of the victim's right-hand part shall be asked at the time of death, and the victim's right-hand part shall be opened, interfere with the legitimate execution of duties concerning the protection of the people's life, body, and property, and the victim shall complete the right-hand part of the victim's right-hand part requiring approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A medical certificate;

1. Each investigation report (to attach copies of telephone conversations on victim E and degree of injury, emergency medical services activity, and photographs related to self-harm of the suspect A);

1. Application of statutes to on-site photographs;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (Interference with the performance of official duties), Article 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the 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 suspension of execution (including the reflection of the fact, the fact that there is no record of crime exceeding the fine, the fact that the case is contingent, the fact that the victim and the victim have agreed smoothly);

1. Protective observation and community service order, community service order, Article 62-2 of the Criminal Act, Article 44-2 of the Medical Care, Custody, etc. Act (the crime of a defendant was conducted in the state of drinking, and was proved to have been proven to have been abnormal for a period of time, and if the defendant does not keep the criminal records of habiting the drinking in the future, the risk of repeating the crime will be increased. Accordingly, the defendant's mental and medical treatment is essential for the proof of alcohol content, proof of abnormal a period of time, etc.

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