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(영문) 제주지방법원 2015.06.04 2015고단546
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 03:30 on May 1, 2015, the Defendant 200: (a) performed alcohol in the “Felurel” operated by E on Jeju-si; and (b) did not comply with the said E’s demand that he finished the business; (c) Haa was a member of the Jeju-dong Police Station G Zone, which called the said singel upon receiving a 112 report, and Haa was demanded to request Ha to return home because Ha and Ha had been called to the said singel.

The Defendant continued to go home from the above police officers, but refused to comply with this request, and the police officers assaulted the police officers, such as “this chexe, fluore, fluore, fluore, fluore, fluore, fluore, fluor, and fluore, fluore, fluor, of this fluor, fluoring the fluor’s fluor, fluor, and fluor, flue the fluor’s chest part, fluoring the fluor’s breast part, 5 times the fluor’s chest part.”

As a result, the defendant assaulted the police officer dispatched after receiving a report and obstructed his legitimate execution of duties concerning the investigation of the crime.

2. The Defendant insultd the victim publicly by “The victim, flusium, flusium, flusium, flusium flusium, flusium flusium, flusium flusium flusium, flusium flusium, flusium flusium E and employees, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, H and I;

1. Application of Acts and subordinate statutes governing I's filing of complaint;

1. Relevant legal provisions and the choice of punishment for the crime: Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties). Article 311 of the Criminal Act (the point of insult). Selection of imprisonment with prison labor

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

1. Suspension of execution: The grounds for sentencing of Article 62 (1) of the Criminal Act (within the range of the sentencing guidelines) that are specified in Article 62 (1) of the same Act; the first category of obstruction of performance of official duties; the basic area: June - the circumstances disadvantageous to one year and four months: A majority

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