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(영문) 제주지방법원 2019.07.26 2019고단494
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

Around 00:06 on January 11, 2019, at Jeju Police Station C District at Jeju Police Station at Jeju, the Defendant: (a) expressed, without any justifiable reason, the police officer’s desire to take a bath to “I will see whether I will do so,” and (b) he tried to record the Defendant’s cell phone as “I will report this spack, I will see that D (the age of 49) will stop the Defendant and stop home, and if D (the age of 49) would request the Defendant to stop home, I will report this spack, I will report spack, I will do so; and (c) D would assault D’s left face one time to stop the Defendant and interfere with the legitimate execution of duties of the police officer on crime prevention and maintenance of order.”

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. Entry of the E-document;

1. Investigative report (including accompanying documents) on police preparation and recording and video (including attaching photographs after cutting down the relevant images);

1. Application of each video statute of images related to the obstruction of performance of official duties in front of the C District;

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 sentence of punishment by sentence] , obstruction of performance of official duties, obstruction of performance of official duties, Type 1 [the general person] - mitigation elements: the scope of punishment by mental or physical disorder (the person in question) / The scope of recommendation / 6 months to 1 year and 6 months [the person in question] positive general participation factors : The positive general participation reason : The social relation clear, serious reflectness, and no negative general participation reason - there is no attempt to recover damage (the decision of sentence ] 6 months of suspended sentence: The assault against police officers is considered to be an unjustifiable behavior against the national public authority, and the defendant is the victim's police officer.

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