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(영문) 제주지방법원 2021.01.14 2020고단2725
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

At around 00:00 on September 29, 2020, the Defendant threatened the above police officer by stating that E, in order to grasp the on-site situation of the “C association” in front of the “C association,” which was reported and sent out by 112, the circumstances of the police box affiliated with the Seogpo Police Station D, which was called out by the Defendant, appears to have taken an action to see the drinking by drinking while exposing the body of the breast while exposing the body of the chest.”

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting management work.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports on the F statement (such as how the reporting person becomes aware of his/her past report), related photographs, and investigation reports (a CCTV analysis for controlling parking and stopping);

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 stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case on the ground of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance where the crime of this case is committed against a police officer dispatched after receiving a report 112, and the nature of the crime is not less than that of the crime, and the defendant's records of punishment for the same crime are included in the suspended sentence of imprisonment.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and the fact that the type used by the defendant is not very serious is favorable.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Interference with the Execution of Official Duties: Group of Crimes Interfering with the Execution of Official Duties, Interference with the Execution of Official Duties, Type 1 (Interference with the Execution of Official Duties/ Compellion, etc.)

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