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(영문) 제주지방법원 2019.05.31 2018고단2724
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 30, 2018, at around 02:07, the police officer C, etc. who belongs to the Jeju Police Station B police box, called the “E dan” located in the Jeju Do, after having received the report of 112 on August 30, 2018, sent to the “E dan” located in the Jeju Do, and arrested F and G, who are fighting with a wind offender, such as interference with the performance of duties, were arrested as a flagrant offender, and transferred to the said police box.

At around 03:12 on August 30, 2018, the Defendant found the above police box located at H on the Jeju Island, and she saw 90∑ 3 to both arms, and she engaged in personnel affairs for F with the intention of 90∑ 90. Accordingly, the Defendant was likely to cause harm to G, who is the other party, and C (50 years of age) demanded the Defendant to leave out of the area, and the Defendant saw C (50 years of age) and took a bath to C, and thereby interfered with the legitimate performance of duties concerning the prevention, suppression, and investigation of the police officer's crime by pushing C with C's breast and spath on one hand.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police officer C on the statement; and

1. Entry of a report (including attachment of CCTV images by a police box) on investigation of police preparation and application of statutes (including attachment of documents);

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 [the special person concerned] - mitigated elements: Cases where the degree of assault and deception is insignificant [the general person concerned] - mitigated elements - Cases where the degree of assault and deception is minor [the scope of punishment by recommendation] reduced range, 1 month to 8 months [the person concerned responsible for the person concerned], - Where the degree of assault and deception is minor - Where the degree of assault and deception is minor - the positive reason for a major reason for a crime of assault and threat: The social relation is obvious - there is no effort to recover from the crime and damage at least two times.

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