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(영문) 제주지방법원 2017.06.02 2017고단896
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 8, 2017, around 20:50, the Defendant was under the influence of alcohol in front of the “D cafeteria” road located in Jeju Island, and was under the influence of disturbance. On the other hand, the Defendant was under the influence of alcohol in front of the “D cafeteria,” and the Defendant was under the control of the Jeju Western Police Station Edistrict and G, who was dispatched to the site upon receipt of a report by 112, confirmed the personal information of the Defendant, and requested the Defendant to return home, and the Defendant was under the control of the police.

With the large interest of “”, he committed assault, such as breaking the F’s battop, breaking the bat and breaking the G’s battop to restrain it, and pushing it in hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in G or F, respectively;

1. Application of a written statement prepared by H Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The reason for sentencing selective punishment of imprisonment with labor has a record of being punished several times for violent crimes. On January 17, 2013, a crime of damaging public goods, a crime of obstructing the performance of public duties, and a fine of two million won on December 4, 2014, and a summary order of four million won is issued on December 4, 2014.

In addition, although the probation period during the trial of this case was imposed on April 10, 2015, the defendant was sentenced to two years of the probation period on August 8, 2015 due to damage to public goods, interference with official duties, etc., and was sentenced to two years of the probation period, and was sentenced to a fine on two occasions due to the crime of damage to property, violation of the Punishment of Minor Offenses Act during the probation period, and committed the crime of this case.

Accordingly, the sentencing conditions, such as the defendant's age, environment, and circumstances after the crime, shall be determined in consideration of the selection of the defendant's imprisonment with prison labor, the form and degree of the assault against the public official, and the age of the defendant and the circumstances after the crime.

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