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(영문) 제주지방법원 2020.08.28 2020고단378

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On October 31, 2019, the Defendant: (a) from around 15:40 to around 16:10 on the same day, and (b) opened a door in front of the entrance door of the building C, and opened and opened a door in front of the entrance, which is a woman living together, and attempted to go to D, and was dispatched to the site upon receiving 112 report; (c) put F’s arms and arms on his hand, and interfered with the legitimate performance of duties by the police officer in relation to the prevention of crimes by sending the 112 report.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Each entry in the F and G documents;

1. Application of Acts and subordinate statutes to the investigation report of police preparation (includingCCTV image photographs and the accompanying documents) and video (including accompanying documents);

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment under law] 1 month or five years [the decision of a sentence] ; obstruction of performance of official duties ; obstruction of performance of official duties ; 1 type [the person in special form] ; where the degree of assault is minor ; [the person in general form] mitigation element ; [the scope of recommending punishment ; 1 month or month to 8 months [the extent of recommending punishment ] mitigation area; - Where the degree of assault is minor ; where the degree of assault is minor - the reason for affirmative general reference - The reason for serious general reference - The reason for negative general reference : The defendant has not been sentenced to imprisonment for six months or more before the suspension of sentence ; there is no effort to recover from alcohol addiction; and the defendant has violated the Road Traffic Act as a violation of the Road Traffic Act's license from the Jeju District Court on October 17, 2003 (No violation of the Road Traffic Act's License).