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(영문) 제주지방법원 2014.12.05 2014고단682 (1)
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

[criminal power] On October 27, 201, Defendant A was sentenced to a suspended sentence of two years for a crime of indecent act by force at Jeju District Court on the following grounds: (a) on August 8, 201, the said court was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) on August 9, 201 and the said judgment became final and conclusive on August 9, 2012; (b) the said suspended sentence was invalidated; and (c) on March 13, 2014, the execution of the said sentence was completed in the Jeju Prison.

【Criminal Facts】

1. On May 12, 2014, the Defendant violated the Punishment of Minor Offenses Act (the disturbance of revocation at a public office) entered the Seogpo Police Station C police box at Seogpool on May 12, 201, with the influence of alcohol around 20:25, the Defendant: (a) brought the police officers, including slope D, with the influence of alcohol, to enter the police box of Seogpopool Police Station; (b) by not later than 20:35 on the same day, the Defendant: (c) “Isk kis and 60,00 won or more per year; (d) he did not debris; (d) he did not go to a prison; (e) he did not go to a prison; and (e) did so by doing rough and disorderly behavior at a public office by not later than 20:35 of the same day.

2. On May 17, 2014, the Defendant: (a) while drinking alcohol together with G on the parking lot of “F private house” located in Seopo-si, Seopo-si; (b) while demanding the presentation of a driver’s license in order for police officers affiliated with the Seopo-si Police Station C commander of Seopo-si to control G as drinking driving; (c) attempted to commit violence to arrest G as a flagrant offender committing the crime of obstruction of performance of official duties; and (d) subsequently, the Defendant interfered with legitimate performance of duties concerning the arrest of D flagrant offender by assaulting the arms and body of both arms, and assaulting the police officers belonging to the Seopo-si Police Station C commander of Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Each statement prepared by H, I, D, and J;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports, written judgments, and personal identification and confinement status;

1. Relevant Article and the choice of punishment for the crime: Article 136(1) of the Criminal Act and Article 3(3) of the Punishment of Minor Offenses Act.

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