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(영문) 제주지방법원 2021.02.05 2020고단2820

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On October 24, 2020, the Defendant does not grant any drinking value in the “C Sing Meeting” located in Sing Meeting B at the time of Singing on October 24, 2020.

“A police officer, who was dispatched to the scene after receiving the report of 112, expressed his desire to pay the drinking value from the slope E, a police officer belonging to the Jeju Seopo Police Station D District, and to be urged to return home, and obstructed the legitimate execution of duties concerning the handling of the report by the police officer 112, who was arrested as the current offender in fraud and was arrested as the E in the course of carrying out the patrol vehicle.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the second-time suspect examination protocol against the accused in the police preparation;

1. Statement made to E in the police record; and

1. A statement prepared in the F;

1. Entry into an investigation report (to hear statements from the phone of a victimized police officer, etc.) prepared by a prosecutor;

1. The list of 112 reported cases handled by the police preparation, each investigation report (the confirmation of damage caused by telephone conversations by a victim F/ damaged police officer / the confirmation of damage caused by a victim / the dispatch police officer / the attachment to the fynac camp) respectively;

1. Entry of a receipt;

1. Application of Acts and subordinate statutes on images of related photographs;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for the observation of protection [the scope of the punishment by law] 1 month to 5 years [the scope of the punishment by law] , 1 month to 5 years [the determination of the type] , 1 type (the obstruction of the performance of official duties and the coercion of duties ] - Where the degree of assault is minor : [the person subject to general sentencing] - where the degree of assault is minor : [the scope of the punishment by general person subject to mitigation] - the area of mitigation [the scope of the punishment by general person subject to mitigation] - one month to 8 months [the scope of the punishment by general person subject to mitigation] - Where the degree of assault is minor - where the degree of assault is minor - there is no serious reflective reason, no adverse reason for suspension of execution by law or more