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(영문) 제주지방법원 2019.05.24 2018고단2547
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 September 21, 2018, the Defendant returned home to the Defendant, for whom the police officer D(32 years of age) belonging to C, who was called up after receiving a report from 112 on the street in front of B at Jeju on September 21, 2018, on the road edge of the road, and was called up to the police officer D(32 years of age).

In order to maintain order by taking three times the left face of D and interfere with the police officer's legitimate execution of duties concerning the maintenance of order and processing of 112 reports.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

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

1. Application of each of the Acts and subordinate statutes described in the E and F Statements;

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 Criminal Act on Probation [the scope of punishment by law] 1 month to 5 years [the sentence of punishment by law], obstruction of performance of official duties, obstruction of performance of official duties, Type 1 (Obstruction of Performance of Duties or Compelling of Duties): Where the degree of assault and deception is minor [the scope of recommendation] mitigation area, reduction area, 1 month to 8 months [the period of suspension of execution], where the degree of assault and deceptive scheme is minor: where the degree of assault and deceptive scheme is minor: positive reasons for writing - Where the degree of assault and deceptive scheme is minor, it is clear social relation, serious reflect [the decision of sentence], and one year of suspension of execution has been sentenced to a fine twice in 194 as violent crime, suspension of indictment for special assault in 2015, suspension of prosecution for property damage in 2016, and assault against police officials is disadvantageous to the State.

On the other hand, the defendant.

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