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(영문) 제주지방법원 2017.06.15 2017고단704
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 March 12, 2017, the Defendant: (a) around 20:55 on March 12, 2017, at the Jeju Police Station D police station in the Jeju Provincial Police Station in Jeju Island, the Defendant did not pay the fare after using a taxi; (b) accordingly, a taxi driver and a pilot of the said D Police Station caused the occurrence of a taxi driver and a pilot, and (c) he was urged by the Defendant to pay a taxi fee from a slope E, a police officer affiliated with the said D Police Station, to take the mobile phone of the Defendant, who was her hand, and was urged by the said D Police Station, to take the victim’s cell, and damaged the mobile phone in line with the computer monitor of KRW 135,597 at the market price of the said mobile phone located in front of slope E.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers who were on duty within the police box box.

On March 12, 2016, the Defendant of “2017 Highest 931”, on March 12, 2016, the Defendant: (a) around Jeju-si Public Health Center, the victim F (50 years old) around the Jeju-si Public Health Center; and (b) at the H hotel located in G at Jeju-si, while boarding a taxi operating this Do on March 12, 2016, without any justifiable reason, the Defendant “Chewing sprinkling” shall be discarded down to the victim

The Defendant spits the victim’s head, face, etc. over several times while taking a bath as “ .........., the Defendant assaulted the driver of a vehicle in operation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Statement made by the police for E;

1. Photographss related to damage and photographs of damaged parts;

1. Application of Acts and subordinate statutes to each investigation report (related to the estimate of damage monitors);

1. Article 136 (1) of the Criminal Act and Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the crime (the point of obstructing the performance of official duties) of the same Act;

1. Selection of each sentence of imprisonment;

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 suspended execution;

1. The observation of protection and the reasons for sentencing under Article 62-2 of the Social Service Order Act are all considered, but the following circumstances should be taken into account, in particular, the following circumstances. A favorable circumstance is against:

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