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(영문) 제주지방법원 2020.06.05 2018고단2851
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 September 27, 2018, around 16:55 on September 27, 2018, the Defendant assaulted D with D, which was a police officer of the Jeju Autonomous Police Authority, who was requested to produce identification cards from the slope D (the age of 45) who was in front of the Jeju Autonomous Police Authority Cpublic Security Center, and obstructed the police officer's legitimate execution of duties concerning basic order maintenance, etc.

Summary of Evidence

1. Statement made by the defendant in this court;

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

1. Each entry in the D and E statements;

1. The application of Acts and subordinate statutes to the investigation report (including the attachment of related images) and video (including the accompanying documents) by police preparation;

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, Article 59 of the Act on Probation, etc. [the scope of punishment under law] 1 month or five years [the decision of a sentence] ; obstruction of performance of official duties ; obstruction of performance of official duties ; 1 type [the person who has a special multiples] ; where the degree of assault and threat is minor ; [the person who has a general multiples : mitigation element] ; where the degree of assault and threat is minor ; 1 month or month of imprisonment ; 8 months [the scope of recommendation] mitigation area ; where the degree of assault and threat is minor ; where the degree of assault and threat deceptive scheme is minor ; - If the degree of assault and threat is minor ; negative general witness cause - there is no effort to recover alcohol and damage ; The assault against police officers ; the defendant was unable to exercise the ability of harm to police officers directly from the type of harm inflicted by the State; and the defendant was directly used by police officers.

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