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(영문) 제주지방법원 2019.05.17 2018고단2095
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

On August 25, 2018, at around 04:17, the Defendant was under way at the entrance of the B apartment at Jeju-si, and reported 112, “Aussatis. I are the subject. I do..............................., the Defendant was assaulted by the police officer on one-time hand by taking advantage of the parts of D’s left hand, and then interfered with the proper performance of official duties concerning the handling of D’s 112 reports by assaulting the police officer.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police about D's written statement; and

1. Entry in an investigation report (Attachment of a photograph by the head of a crime photographed with a camping coke) and images of the police preparation;

1. Application of Acts and subordinate statutes entered in the report processing list, 112 cases prepared by the police;

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. The reason 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 [the person who has a special appearance] - mitigation element: Cases where the degree of violence and deception is insignificant [the person who has a special appearance] - mitigation element - Cases where the degree of violence and deception is minor (the person who has a special appearance): the person who has a mental or physical disability (the scope of recommending punishment] mitigation range, one month to 8 months [the decision of a sentence] sentenced to imprisonment with prison labor for 4 months, the assault against police officers who have been suspended for one year of suspension of execution is deemed to be an unjustifiable challenge to the state's public authority, and the defendant has not received a letter from the victim

However, when the defendant has reached this court, the defendant recognized his mistake and divided it, the damage caused by the crime of this case is minor, and there is no criminal conviction heavier than the fine, etc., in favor of the defendant.

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