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(영문) 제주지방법원 2019.07.19 2019고단285
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 January 7, 2019, the Defendant: (a) was urged by police officers and patrol officers belonging to the Jeju Police Station D District Unit of the Jeju Police Station D District called to return home from 112, while drinking alcohol in front of C in front of the Jeju City on January 7, 2019; (b) was urged by police officers and patrol officers to return home from 112 after receiving a report of 112; and (c) stated that “I will be shotfecule by memory of the face of the stroke and the stroke; (d) I will be urged to return home from F; and (e) I would be urged to return home from F; and (e) I interfere with legitimate execution of duties by police officers related to the prevention of crimes by sending out 112 report.

Summary of Evidence

1. Statement made by the defendant in this court;

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

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Application of each of the related visual Acts and subordinate statutes;

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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment by law] : 1 month or 5 years [the decision of punishment by law] ; obstruction of performance of official duties ; 1 type [the general person] ; mitigation element : the scope of punishment by law ; 6 months of imprisonment or 1 year and 6 months of suspension of execution ; - positive general reference element : Social relation clear, serious reflectness - negative general reference cause : The defendant has no effort to recover damage (the decision of sentence ; 2 years of suspension of execution ; the defendant has history of being sentenced to a summary order of 3 million won as a fine for the same crime of obstruction of performance of official duties in 2015; 3 million won as an assault against police officers cannot be deemed legitimate by the State.

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