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(영문) 제주지방법원 2019.05.09 2018고단2938
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that 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

At around 08:00 on December 5, 2018, the Defendant: (a) in Jeju Island B building C, and “a person who has invaded upon or damaged his/her residence” (hereinafter “the Defendant”) expressed to the Inspector, on the ground that he/she had taken measures to prevent, suppress, and suppress the Defendant who was a police officer belonging to the Jeju Western Police Station D police station, who was dispatched upon receiving 112 a report, and attempted to commit the instant case; and (b) expressed the said reporter out of the facility; and (c) took measures to prevent, suppress, and investigate the police officer’s crime, on the ground that he/she took measures to prevent, suppress, and control the police officer’s crime.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the field photographs and the 112 Reporting Case List;

1. Relevant Article 136 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution) is that the crime of this case was committed by a police officer upon receiving 112 reports, and thus, the police officer intended to use violence against the 112 reporter, and the crime was committed by the police officer controlling the use of violence, and that the defendant has a record of being sentenced to suspended sentence of imprisonment for the same

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the type of the defendant's exercise of power is not very serious, and the fact that the criminal record is a long-term criminal record is favorable.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - Crimes of Obstruction of Performance of Official Duties: Group of Crimes of Obstruction of Performance of Official Duties, Obstruction of Performance of Official Duties, Type 1

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