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(영문) 제주지방법원 2019.06.13 2019고단39

공무집행방해

Text

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

Reasons

Punishment of the crime

On October 11, 2018, around 02:55, the Defendant: (a) committed violence against the chest part of the said D, with a hand hand, who was asked by the police officer D about the circumstances of the instant case, sent out after receiving a report of 112 from the long distance in front of the Hoju Bato Bel; (b) the police officer of the Kuju Police Station C District Police Station, who was called out after receiving a report of 112.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the field photographs and the 112 Reporting Case List;

1. The crime of this case with the applicable legal provisions on criminal facts, Article 136(1) of the Criminal Act on the selection of a sentence, and the reason for sentencing a sentence of imprisonment with labor for the reason of sentencing is the use of violence against police officers dispatched after receiving 112 a report, and the nature of the crime is committed. The Defendant, on November 23, 2016, was sentenced to two years of imprisonment with prison labor for quasi-rape in the original branch of the Chuncheon District Court for the crime of quasi-rape on December 1, 2016, and four years of suspended sentence, and was committed without being aware of the fact that the judgment became final and conclusive on December 1, 2016, and committed the crime of this case during the suspended sentence period, in particular, the Defendant committed the same crime committed during the suspended sentence period (for police officers dispatched after 112cc, obstructing the legitimate execution of duties of police officers).

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, that the type used by the defendant is not very serious, and that the health status of the defendant seems to be insufficient.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - Crimes of Obstruction of Performance of Official Duties: Group of Crimes of Obstruction of Performance of Official Duties, Obstruction of Performance of Official Duties, Type 1