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(영문) 제주지방법원 2016.08.23 2016고단1146
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2016. 6. 14. 00:00 경 제주시 C에서 피해자 D가 관리하는 ‘E’ 유흥 주점에서, 술에 취한 상태에서 옆 테이블에 있던 손님들에게 고함을 지르면서 시비를 걸고, 손님들이 노래를 부르는 도중 노래 반주기기를 끄고, 이를 저지하려는 피해자의 얼굴에 물병과 유리컵을 들어 때리려는 시늉을 하는 등 약 45분 가량 위력으로 피해자의 유흥 주점 관리 업무를 방해하였다.

2. Interference with performing public duties;

A. On June 14, 2016, the Defendant: (a) obstructed the performance of official duties in entertainment centers; (b) “a person who is demanded to return home from G police officers belonging to the police station of the Seoi-gu Police Station of the Jeju who was dispatched after receiving a report from the victim,” at the amusement station of the above paragraph (1) around 00:45 on June 14, 2016.

A. The term "I ambling h.", and assaulted the chest of the above G by hand, and interfered with the legitimate execution of duties concerning the maintenance of order of police officers.

B. On June 14, 2016, the Defendant: (a) was arrested in the act of committing the crime of paragraphs (1) and (2) above around 00:50 on June 14, 2016; and (b) was parked in the Fdistrict parking lot of the Jeju Police Station of the Jeju Police Station located in Jeju, and (c) was stopped by the police officer G within the H patrol car of the said police officer.

From the streets of death, each of the misunderstandings L, Naba and 7 crimes.

“Along with the floor of the lower seat, violence was obstructed by the police officer’s lawful execution of duties concerning the arrest of flagrant offenders by assaulting the said G’s bucks, such as walking the bucks.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G or D;

1. Written statements prepared by D;

1. Application of Acts and subordinate statutes to a criminal investigation report (at the time of dispatch to the scene);

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 314 (1) of the Criminal Act (the point of obstructing duties) and the choice of imprisonment, respectively;

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

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