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(영문) 제주지방법원 2019.06.12 2018고단2299

공무집행방해

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On May 31, 2018, around 00:29, the Defendant: (a) committed assault and intimidation on the first floor B of Jeju Island; (b) the police officer affiliated with the Jeju District Police Station C District District Party, who was dispatched upon receipt of a report, wanted to ask questions about the circumstances of the instant case from the police officer D, and slope E, who prevented the Defendant from taking away the said E’s hand, and putting the said E’s hand against the said D into a cell phone, as the Defendant used the said D’s cell phone.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 notification processing.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of E;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentence shall be determined as ordered by comprehensively taking into account the following circumstances: (a) the same type of fine as the reason for sentencing under Article 62(1) of the Criminal Act has been imposed one time; (b) the police officer’s body was not directly abused; (c) the police officer’s age, character and conduct, family relationship, environment, circumstances, and result of the crime; and (d) the circumstances shown in the arguments in the instant case, including the following circumstances