(영문) 제주지방법원 2019.08.22 2019고단1001

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 제주지방법원 2019.08.22 2019고단1001

공무집행방해

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 April 20, 2019, at the front of Jeju City, the Defendant: (a) sent a report to the office of the head of the Jeju Police Station C District of the Jeju Police Station, and (b) requested the Defendant to have the Defendant returned home at the site on several occasions; (c) on April 17:36, 2019, the Defendant continued to neglect the said D from moving the Defendant to the center on the road, and assaulted the Defendant, i.e., using a flabbbbb, flading the flag, and destroying it over the road surface.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report on investigation (the act of a suspect after his/her seal is removed);

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

1. The reason for sentencing under Article 62(1) of the Criminal Act ( Taking into account the favorable circumstances among the reasons for sentencing) is that the crime of this case is committed by force against police officers who control the act of disturbing drinking, and the nature of the crime is not weak, and the defendant has a record of being punished as a suspended sentence of imprisonment with prison labor for the same crime.

However, it is more favorable to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, that the type of the defendant's exercise is not very serious, and that the criminal record is a long-term criminal record.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - Crimes of Obstruction of Performance of Official Duties: Group of Crimes of Obstruction of Performance of Official Duties, Obstruction of Performance of Official Duties, Type 1

참조조문

-형법 제62조 제1항

-형법 제136조 제1항

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