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(영문) 제주지방법원 2019.08.16 2019고단897
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

At around 04:05 on March 28, 2019, the Defendant: (a) expressed that he was assaulted by “C” restaurant located in “C” in Jeju-si, Jeju-si; and (b) expressed that E (44) in the circumstances belonging to the Jeju-si Police Station D District Branch in the Jeju-si Police Station, which was dispatched after receiving 112 reports, would restrain the Defendant from committing violence and ask the Defendant personal information; and (c) expressed that “I have to do so, if you have to do so, I have to do so.” The Defendant expressed that “I have to do so, I have to do so.” On the one hand, the Defendant interfered with the police officer’s legitimate performance of duties concerning the police officer’s 112 reporting on business affairs by 112 smuggling on two hand.

Summary of Evidence

1. Statement made by the defendant in this court;

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

1. A statement prepared in the F;

1. Statement of investigation report of police preparation (C main phone call);

1. Entry of each 112 Reporting Case Handling List in police preparation; and

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. 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 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 disability (the person in question) / The scope of recommendation / 6 months to 1 year 6 months / 6 months / 1 year / the positive general reason : The positive general reason : The social relation is clear, serious reflectness, and no negative general reason - there is no effort to recover damage (the decision of sentence ] 1 year / 6 months : there is no effort to recover damage (the decision of sentence : the fact that the defendant was sentenced to a fine by violent crime; the assault against police officers is somewhat insufficient before the State's public authority is legitimate; the defendant committed direct assault against the body of a victimized police officer; and the defendant suffered damage.

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