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(영문) 제주지방법원 2016.04.20 2016고단192
공무집행방해등
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 24, 2016, at around 20:10, the Defendant sent a bath to the above E on the road located in Jeju Island B, and on the ground that E, a police officer belonging to the Jeju Dong Police Station D District of the Jeju Police Station, who was called the Defendant after receiving a report that the Defendant was seated in the way under the influence of alcohol, will put the Defendant into the back seat of the patrol police station, and then put the said E on the front seat of the patrol police station of the Dong Police Station of the Dong Police Station of the Dong Police Station of the Republic of Korea, for protective measures against the Defendant, he brought the said E “this spick wres,” and put the plastic partitions installed between the front and the rear seat of the patrol in two hands, so that he can cut off the plastic partitions with the head of the said E twice.

Accordingly, the Defendant assaulted the above police officer E and interfered with the legitimate execution of duties on the protective measures for the victims of relief, and damaged the above plastic partitions to have approximately KRW 781,121, which are goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on photographs and estimates;

1. Relevant legal provisions and the choice of punishment for a crime: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 141(1) of the Criminal Act (the point of damaging goods for public use). Selection of imprisonment with prison labor;

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

1. Suspension of execution: It is so decided as per Disposition for the reasons under Article 62 (1) of the Criminal Act or more;

The reason for sentencing (within the scope of the sentencing guidelines) the area of mitigation of the invalidation of public goods: Class 1 of interference with the execution of official duties in August, and the basic area: June - the handling of multiple crimes in April: June -1 year and August: The circumstances that have no previous convictions and that have no previous convictions: Five times before and after violence.

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