logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2018.11.27 2018고단1180
공무집행방해등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

[criminal history] On May 4, 2018, the Defendant was sentenced to four months of imprisonment with prison labor and one year of suspended execution for a crime of violating the Road Traffic Act at the Jeju District Court on May 4, 2018, and such judgment became final and conclusive on May 12, 2018.

[Criminal facts]

1. On April 3, 2018, at around 01:20, the Defendant: (a) took a bath at the front road of D E, etc., the victim E, etc., who was in charge of a traffic accident, without any justifiable reason, and (b) took the Defendant’s actions using a mobile phone (opphone 7) while preventing the victim from taking the Defendant’s actions; (b) taking the victim’s hand over the cell phone, the Defendant took the victim’s hand, who was in charge of a traffic accident, thereby leaving the cell phone away from the floor.

Accordingly, the defendant damaged the victim's property equivalent to the market value of 450,000 won.

2. The Defendant interfered with the performance of official duties and the injured Defendant: (a) arrested a flagrant offender from a slope G affiliated with the National Police AgencyF of Jeju Local Police Agency, who called to the site after receiving 112 reports, for criminal facts such as assault, etc.; and (b) prices the front part of G, seated next to the lower part of the police vehicle, to the right part of G’s left part, after boarding the lower part of the police vehicle.

As a result, the defendant interfered with the legitimate execution of duties by police officers related to 112 report processing and arrest of flagrant offenders, and at the same time, G was placed on the left side and on the left side for about two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A victim statement of E;

1. Relevant photographs;

1. Medical certificate (G);

1. Written estimate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and reporting of the result of confirmation of the previous convictions in disposition (Attachment to judgment);

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 366 of the Criminal Act (the point of destroying property) and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Code of Trade Competition (Interference with the execution of official duties).

arrow