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(영문) 제주지방법원 2020.11.13 2020고단2038
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 24, 2020, at around 14:35, the Defendant: (a) tried to stop the patrol car on which three police officers, such as the security guards E (the age of 51) assigned to the bus stops adjacent to C, which were under the influence of alcohol in front of the bus stops located at C, and on duty as a hub, and (b) attempted to open the driver’s seat and the chief signal. On July 24, 2020, the Defendant sent a warning that E, etc. would fall off from the vehicle patrol even though he was during the search of the person in need of suicide, and sent a warning that E, etc. would fall off from the vehicle patrol, and even if he was given a warning that it might be arrested as the obstruction of the performance of the duty, the Defendant again obstructed the police officer’s legitimate performance of duties concerning the duty of reporting 112.

Summary of Evidence

1. Statement made by the defendant in this court;

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

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. Reasons for sentencing under Article 62-2 of the Probation Criminal Act [the scope of punishment by law] 1 month or 5 years [the determination of a sentence by sentence]), obstruction of performance of official duties, obstruction of performance of official duties, Type 1 (Compulsory Obstruction of Performance of Duties or Forced Performance of Duties): Where the degree of assault is minor - Where the degree of assault is minor - where the degree of increase is serious [general person] degree of interference with official duties - mitigated factors - [the scope of recommendation punishment] basic area / 6 months or more to 1 year or 6 months [the scope of suspended sentence] where the degree of assault is minor - where the degree of assault is minor - where the degree of assault is serious - there is a serious degree of interference with official duties: The reason for positive general participation clearly, serious reflectness, and there is no criminal conviction above suspended sentence : there is no effort to recover damage caused by general participation [the determination of sentence].

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