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(영문) 제주지방법원 2020.11.13 2020고단1995
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor 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

At around 18:20 on July 5, 2020, the Defendant: (a) 112 on the street in front of “C” located in Jeju-si, Jeju-si, Jeju-dong Police Station D District Unit E (30 years of age) dispatched to the site after receiving a report on “A” 112; (b) sees the circumstances of the instant case; and (c) “C f is not distinguished from the offender of the victim’s ditch; (d) F is not distinguished from the offender of the victim’s ditch; and (e) interfere with the police officer’s legitimate performance of duties concerning the handling of 112 reported reports at one time.”

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement of statement E prepared by the police officer;

1. A written statement of the G production;

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 Probation Criminal Act [the scope of punishment by law] 1 month to 5 years [the decision of a sentence by sentence]), obstruction of performance of official duties, obstruction of performance of official duties, Type 1 (Obstruction of Performance of Duties or Forced Performance of Duties) - Where the degree of assault is minor [the general person who is sentenced to imprisonment] - mitigated elements - Cases where the degree of assault is minor (the scope of punishment by recommendation] - the scope of mitigation area, 1 month to 8 months [whether or not suspension of execution of sentence] - Where the degree of assault is minor - Where the degree of assault is minor, it is obvious that social relation is obvious, serious reflects, there is no criminal record above suspension of execution, defendant's health status is very good - there is no effort to recover damage: Imprisonment with prison labor for four months; the assault against police officers is not legitimate for the State; the defendant directly inflicted harm on police officers.

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