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(영문) 제주지방법원 2020.04.24 2020고단366

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

피고인은 2020. 2. 13. 23:55경 제주시 B에 있는 C 운영의 ‘D’ 주점에서 술을 마시던 중 C에게 “이 가게 다 때려 부숴 버린다.”라고 말하였다가 C로부터 “너 개인택시 정리하고 남은 4,000만원 여기에 다 쓸래.”라는 말을 듣자 손으로 C의 머리 부위를 1회 잡아당겼고, 이에 C가 경찰에 신고하였다.

On February 14, 2020, the Defendant assaulted the police officer’s maintenance of order and crime prevention, and obstructed legitimate execution of duties in relation to the maintenance of order and crime prevention. On February 14, 2020, the Defendant assaulted the police officer’s breast part of F at one time, who was urged to invalid from F (the age of 49) by a police officer F (the age of 49) belonging to the Jeju Police Station E District E District Unit, to whom he was called.

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. Each statement in F and C prepared;

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 Criminal Act of probation and community service order, Article 59 of the Act on Probation, etc. [the scope of punishment by law] 1 month or 5 years [the decision of a sentence by imprisonment] / obstruction of performance of official duties, obstruction of performance of official duties, Type 1 [the general person] mitigation element : The scope of punishment / the basic area of mental state (the person in question), 6 months of imprisonment or 1 year and 6 months of suspension of execution [the person in question] positive reason for general reference - The positive reason for general reference : The defendant's detention - negative reason for general reference accompanied by excessive difficulty to his dependants : no effort to recover [the decision of a sentence] 10 months of suspension of execution: the defendant is punished by a fine for obstruction of performance of official duties from the Jeju District Court on August 12, 2009.