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(영문) 제주지방법원 2014.06.19 2014고단518
공무집행방해등
Text

A defendant shall be punished by imprisonment for six 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. 모욕 피고인은 2014. 4. 2. 02:55경 서귀포시 B에 있는 ‘C’ 찜질방에서, 만취상태로 소란을 피우는 사람이 있다는 신고를 받고 출동한 제주 서귀포경찰서 D지구대 소속 경사인 피해자 E와 경장인 피해자 F로부터 주취상태에서 입장이 되지 않는다는 설명과 함께 귀가를 권유받았다는 이유로, 찜질방 업주 G 등이 있는 상태에서 피해자들에게 “야, 개새끼야, 씹새끼야”, “좆같은 새끼”, “짭새 새끼”, “씨발놈아“라는 등의 욕설을 하여 공연히 피해자들을 모욕하였다.

2. On April 2, 2014, around 03:48, the Defendant: (a) was arrested and transferred as a flagrant offender at the Jeju Seopo Police Station D District Office in Seopopo-si, Seopo-si, Seopo-si; (b) the Defendant: (c) laid the cell phone and hand-off room to the Gyeongpo-si, who explained the arrest process to the Defendant, who was the seat of the J District; and (d) the Defendant laid the cell phone and hand-off room to the K.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention, suppression, and investigation of the victim's crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement to E, F, G, and K;

1. Application of Acts and subordinate statutes to each investigation report (Evidence Records, 47 pages, 70 pages);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 311 of the Criminal Act and Article 136 (1) of the Criminal Act; 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 scope of the recommended sentence on the grounds of the sentencing guidelines for the sentencing of Article 62(1) of the Criminal Act (the sentencing conditions specified in Article 51 of the Criminal Act as stated in the grounds for sentencing), [the scope of the sentence of obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, obstruction of performance of official duties, fundamental area: 6 months - January 4 months], and the following circumstances are determined as per the disposition. A favorable normal circumstance is recognized and reflected

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