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(영문) 제주지방법원 2016.11.29 2016고단2168
공무집행방해
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 becomes final and conclusive.

Reasons

Punishment of the crime

At around 12:03 on October 5, 2016, the Defendant: (a) asked C to return home from the border of the Jeju East Police Station E zone located in the Jeju Police Station E zone, which was dispatched upon receipt of a report from the Defendant; (b) asked C to “Ch.p.p.p., where he is, he is the superior of C, and he is f.p., the age of which he has come. Before he turns out; (c) he taken a bath to the effect that the F would not take a bath; and (d) expressed that the F would not take a bath, “this f.p., e., f., f., f., f., f., f., g., g., f., g., g., g., g., g., g., g., g., f.

Around 12:20 on October 5, 2016, the Defendant was arrested as a flagrant offender and was transferred to Jeju-si Police Station E zone in Jeju-si, Jeju-si, Jeju-si, Jeju-si, and then assaulted the F with the Defendant’s face, i.e., unfolding the wall that the F entered into with the Defendant’s hand.

On October 5, 2016, around 13:35 on October 5, 2016, the Defendant: (a) committed assault by a policeman belonging to the Jeju Dong-dong Police Station E-gu Police Station in the Jeju Dong-dong Police Station in the Jeju Dong-dong Police Station in order for the Defendant to hand over the Defendant to a detention room; (b) Had the Defendant’s lock “this son”, and Had the face of the above H one time by drinking.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression and investigation of crimes more than three times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. Each statement prepared by I and H;

1. Photographs related to damage;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 136 (1) of the Criminal Act and the choice of imprisonment;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. Probation and community service order:

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