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(영문) 제주지방법원 2017.04.26 2017고단64
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On December 11, 2016, the Defendant interfered with the performance of official duties, at the restaurant located in the Nowon-gu, Jeju on the 00:02 on December 11, 2016, the Defendant: “I am to go to the seat”; “I am to go to the Na,? I am to get off the back seat protection board of the patrol vehicle while I am to the destination of the Defendant located in F in the E patrol box, and then I am to the slope C am to get off the front seat protection board of the patrol vehicle while I am to the destination of the Defendant.

Dr. He expressed his desire to "Cr.", and expressed his face to the right side of C on one occasion in drinking, and stroke in two arms.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention of crimes and maintenance of order.

2. On December 11, 2016, the Defendant: (a) was arrested as a flagrant offender on the grounds of the acts described in the foregoing paragraph (1) around 00:22; and (b) went to the lower seat of the patrol vehicle while moving to the B zone, the Defendant broken down plastic protection plates installed between the chief and the lower seat of the patrol vehicle and walked up at a number of times.

Accordingly, the Defendant damaged the goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements of D;

1. 112 A list of reported cases;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the choice of imprisonment for each crime;

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 suspension of execution (see, e.g., Supreme Court Decision 62 (1)

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act of the community service order;

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