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(영문) 제주지방법원 2018.11.13 2018고단153
특수공무집행방해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

A seized grandchild (No. 1) shall be confiscated.

Reasons

Punishment of the crime

1. On December 21, 2017, around 22:00 on Jeju-si, the Defendant damaged the unpaid repair cost by walking the entrance door of the said residential area several times, without any reason, in front of the residence of the victim C ( South, 49 years of age) who was located in B apartment building No. 2, Dong-si, Jeju-si, and then cutting off the entrance door of the said residential area from the entrance door to the entrance door of the vehicle.

2. 특수 공무집행 방해 피고인은 2017. 12. 21. 22:50 경 같은 장소에서, 제 1 항 기재와 같은 이유로 112 신고를 받고 현장에 출동한 제주 동부 경찰서 D 파출소 소속 순경 C, 경장 E 등이 신고 내용을 파악하고자 F 호에 있는 피고인의 주거지 열린 출입문 안을 확인하려고 하자 화가 나 “ 뭔 데 새끼야, G 짭새 들이냐

“Chinging the bath,” and threatening the finger hand, which is a dangerous object (No. 1, No. 7.5cm in length, No. 30cm in length in length), to the extent that the finger hand would inflict a threat to C, as it would inflict a threat to C, and to E, to the hand hand hand hand.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of duties by police officers on handling 112 reports.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Each written statement E, H and C;

1. A protocol of seizure and a list of seizure;

1. Criminal tools, photographs, and photographs related to the damage to property;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 144 (1) of the Criminal Act applicable to the facts constituting an offense; Article 136 (1) of the Criminal Act (the point of obstructing the performance of special official duties) and Article 366 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to cases where a person interferes with the execution of each special duty);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

1. The degree of interference with the execution of official duties to police officers on the grounds of sentencing under Article 48(1)1 of the Criminal Act is not somewhat weak, and the defendant caused each of the crimes in this case.

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