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(영문) 제주지방법원 2017.05.24 2017고단393

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 00:30 on January 2, 2017, at D's main points located in Jeju City around 00:30, he was an employee E, and the Defendant, upon receipt of a report of 112, has the right to undergo an investigation at present from the slope G belonging to the Seoul Western Police Station F District, Seo-gu, Seo-gu, Seoul who called the site after receiving a report of 112.

Despite the fact that he continued to undergo a separate examination later, he tried to keep the left-hand part of the slope G with a sloping hand once pushed off the left-hand part of the sloping G, and to keep the H's arms back to the left-hand part of the sloping, but he tried to keep the sloping part of the Defendant's head as he was removed from the slope G, and assaulted the Defendant's sloping part of the slope G at one time.

As a result, the Defendant interfered with the legitimate execution of duties of police officers on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. E statements;

1. Notification to a department related to reporting 112 cases;

1. Application of the statutes on photographic data of victims;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., the fact that there is no history of the same kind of crime, the degree of violence obstructing the performance of official duties is not much serious, the fact that

1. The community service order under Article 62-2 of the Criminal Act;