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(영문) 제주지방법원 2015.02.06 2014고단1829
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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. Performance of official duties;

A. On November 25, 2014, around Jeju Island, the Defendant obstructed a police officer’s legitimate execution of duties concerning criminal investigation and maintenance of public order and security by assaulting the police officer’s slope F’s patrol vehicle belonging to the Jeju Dong-dong Police Station E zone, which the Defendant called for after receiving a report that he was under the influence of alcohol, on the part of “D hotel” located in Jeju Island. The Defendant obstructed a police officer’s legitimate execution of duties concerning criminal investigation and maintenance of public order and security by assaulting the police officer, such as taking the police officer’s slope f, who was dispatched to the police after having received a report that he was under the influence of alcohol.

B. On November 26, 2014, at the detention room of the Jeju East Police Station, the Defendant continued to be drunk even after being detained in the said detention room as a flagrant offender, and thereby obstructing police officers from performing their lawful duties in relation to the duties of attracting suspects by assaulting the police officers by assaulting the police officer G and the slope H’s face one time in order for the Defendant to be genuine by the Defendant and the police officer G belonging to the said police station and by hand to take the face of G one time in order for the said police officer to read the Defendant.

2. The defendant is insulting 1. A.

In the time and place of the port entry, the victim I, a police officer dispatched upon receipt of a report, made a public insult of the victim I by openly referring to “the victim I, who is a police officer, shall be aware of arbitr, sarbling, sarbling, and sarbling.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and F;

1. Each statement of G and H prepared;

1. Application of Acts and subordinate statutes to a complaint, investigative report (cogratory image CDs and caps investigation);

1. Relevant legal provisions concerning criminal facts: Articles 136 (1) and 311 of the Criminal Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

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

1. Suspension of execution: The reason for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act are considered).

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