beta
(영문) 제주지방법원 2016.11.23 2016고단2032

공무집행방해

Text

A defendant shall be punished by imprisonment for four 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

The defendant is a ship of Chinese nationality that entered the Republic of Korea in the capacity of overseas Koreans around July 2016.

On September 2, 2016, at the D convenience point located in Jeju-si, Jeju-si, and around 112, the Defendant: (a) had been urged to stop home after receiving a report from Gman; (b) on September 2, 2016, the background leading up to the affiliation of the Western Police Station E District; and (c) on September 2, 2016, the Defendant entered into a convenience store, stating “the police bitch, bitch, bitch, bitch, bitch, bitch,” and expressed a bitle against employees; and (d) the background leading up to this, the Defendant assaulted the F’s clothes of F once, due to the outbreak of the bitch.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers who wear a uniform.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. A statement prepared by H;

1. 112 reported case handling table;

1. Application of CD-related Acts and subordinate statutes (on-site CCTV images at the time of committing the act);

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

1. The sentencing guidelines for the sentencing of Article 62 (1) of the Criminal Act on the grounds of the suspended sentence are as follows: The scope of the sentencing guidelines for the sentencing of Article 62 (1) of the Act on the Suspension of Execution [the crimes of obstruction of performance of official duties, the obstruction of performance of official duties, the first category (the obstruction of performance of official duties/performance of duties), the basic area, the imprisonment of June through January 4] and the following circumstances: The fact that the sentence is recognized as favorable to the determination of the sentence and reflects on the facts of the crime; the fact that there is no record of criminal punishment in the Republic of Korea; the fact that there is no record of criminal punishment in the Republic of Korea; the fact