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(영문) 제주지방법원 2017.10.31 2017고단2287

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 22:30 on June 16, 2017, the Defendant: (a) confirmed the personal information of the police officer of the Jeju Police Station D police unit, who was dispatched after receiving a report from 112 due to the drinking value at the “C” entertainment station located at Jeju-si B as an issue of drinking value; and (b) received a recommendation for payment of drinking value and returning home, etc. after confirming the personal information of the police officer of the Jeju Police Station D police unit, a police officer of the Jeju Police Station D police unit, who was called to the Defendant; (c) stated, “When you go to the house at present, she shall go to her own seat at present; and (d) stated that the back portion of the head of the E at the right time on one occasion by drinking to the right side of the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention of crime, maintenance of order, investigation of the case, etc. by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of the relevant photographs, and the Acts and subordinate statutes governing the handling of reported cases;

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

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence is based on the following circumstances and the scope of the recommended sentencing guidelines [the scope of the punishment [the scope of the punishment as ordered in the instant pleadings, such as the defendant's age, sexual conduct, environment, background of the crime, circumstances after the crime, etc., shall be determined by taking into account the various sentencing conditions shown in the instant arguments.

In addition to those subject to a fine once due to drinking driving, there is no record of crime except for those subject to a fine once by a police officer who has committed an assault without any special reason to the police officer who has performed his/her duties properly for the investigation.