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(영문) 제주지방법원 2020.02.06 2019고단2510
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

On October 6, 2019, the Defendant demanded that police officers who work at the Jeju East Police Station C on Jeju-si, Jeju-si, Jeju-si, Jeju-si, and Jeju-si, Jeju-si, and Jeju-si, demanded that “cat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat.”

Accordingly, the defendant interfered with legitimate execution of duties to maintain social public order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written statement of E;

1. Application of investigation reports (Attachment to related images, etc.), closure photographs and Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. In case where a series of crimes of obstruction of the performance of official duties were prosecuted as substantive concurrent crimes, but violence and intimidation was committed against multiple public officials performing the same official duties, several crimes of obstruction of the performance of official duties are established according to the number of public officials performing official duties. The above crimes of assault and intimidation were committed at the same place where the same opportunity was committed, and where the act of assault and intimidation was assessed as one act under the social concept, multiple crimes of obstruction of the performance of official duties are in a relation of conceptual concurrence (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). In this case, insofar as the defendant committed a series of series of continuous assaults against police officials entering the earth, each of the crimes of obstruction of the performance of official duties of this case

Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. The suspended sentence is advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act.

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