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(영문) 제주지방법원 2019.08.09 2019고단796

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 April 1, 2019, at the main point of “C” located in Seogpo City B, Seopopo City B, the Defendant, upon receiving a report on 112, “no drinking value.” In doing so, the Defendant intending to spite E while paying the drinking value from the police officer’s security guards belonging to the Seopo Police Station D District D District, which called Seopo Police Station called “C,” and was urged to pay the drinking value to E and return home from the police officer slope F (37 years of age) called “C,” and obstructed the police officer’s legitimate performance of duties regarding the prevention of a crime by sending the report.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement on the F of the police preparation;

1. A written statement of the G production;

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Entry of the receipt for approval of cash;

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

1. Each point of view in the relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act;

1. Among the crimes in each judgment of ordinary concurrence: Articles 40 and 50 of the Criminal Act (the punishment prescribed for the crimes against F with the heavier judgment of the principal);

1. Selection of imprisonment with prison labor chosen;

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 Probation Criminal Act [the scope of punishment by law] 1 month to 5 years [the sentence of punishment by sentence] , obstruction of performance of official duties, obstruction of performance of official duties, Type 1 [the general person] - mitigation elements: the scope of punishment by mental or physical disorder (the person in question) / the basic area of punishment / 6 months to 1 year and 6 months [the person in question] positive general participation factors / The positive general participation reasons : The social relation clear, serious reflectness, defendant's detention with excessive difficulty to his family members - the reason for negative general participation: no effort to recover damage is made [the decision of sentence] 1 year of suspended execution.