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(영문) 제주지방법원 2020.01.10 2019고단770

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

At around 18:14 March 31, 2019, the Defendant found D while drinking alcohol in the front corridor of Seopo-si Ba on the ground that D was not opening the door, and the Defendant was faced with the disturbance, such as shouldering the window of the corridor referred to in the above Dolle C, which was dispatched after receiving 112 report, and obstructed the police officer’s legitimate performance of duties concerning the prevention of crimes by sending out 112 report, by taking the F from the slopeF (38 years of age) of the police officer belonging to the Seopopopopo Police Station E District, Seopopopo-si, Seopo-si, Hapo-si, and Gopo-si to drinking the chest face one time, leading to F’s face, thereby interfering with the police officer’s legitimate performance of duties concerning the prevention of crimes by sending out 112 report.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement on the F of the police preparation;

1. Entry of each 112 Reporting Case Handling List in police preparation; and

1. Application of each of the related visual Acts and subordinate statutes;

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 Probation Criminal Act [the scope of punishment by law] 1 month to 5 years [the sentence of punishment by law] , obstruction of performance of official duties, obstruction of performance of official duties, Type 1 [the general person] - mitigation elements: the scope of punishment by law ] basic area of mental and physical disability (the person in question is responsible for himself / herself): 6 months to 1 year and 6 months [the person in question] positive reason for general participation : serious reflectness - there is no effort to recover damage (the decision of sentence] - there is no effort to recover damage : The violence against police officers is considered to be an unjustifiable behavior against the national public authority; the defendant committed direct assault against the person of a victimized police officer; the defendant was not able to receive an tolerance from the victimized police officer: normal circumstances favorable to him :