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(영문) 제주지방법원 2021.03.23 2020고단2471

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2020, the Defendant: (a) expressed the Defendant’s desire to “Isk-in, Isk-in, Isk-in, Isk-in, Down Police Station D', called “Isk-in, Isk-in, Isk-in, Isk-in, Isk-in, Isk-in, Isk-in, Isk-in, Isk-in, and assaulted the victim’s right-hand son at one time on the left hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police in E;

1. Application of Acts and subordinate statutes to investigation reports (on-site situations, etc.);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of punishment by law: Imprisonment with labor for one month to five years;

2. Scope of the recommended punishment according to the sentencing guidelines [the types of decisions] and the scope of the recommended punishment [the types of crimes interfering with the performance of official duties] / [the Class 1] interference with the performance of official duties/direct coercion [the special sentencing factors] mitigation factors: Where the degree of violence, intimidation, and deceptive scheme is minor [the territory of recommendation and the scope of the recommended punishment] mitigation area, one month to eight months of imprisonment.

3. Determination of sentence: Six months of imprisonment with prison labor and one year of suspended sentence (including the fact that the defendant recognized the error, the degree of force exercised, and the degree of interference with the execution of official duties, as well as the fact that the age, sex, environment, etc. of the defendant is not limited);