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(영문) 제주지방법원 2020.08.14 2020고단1061
공무집행방해
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 23:30 on March 5, 2020, the Defendant: (a) expressed a 112-report that “day-to-day string three persons” in the Jeju-dong Police Station E zone affiliated with the Jeju-dong Police Station E zone, sent back to the site after receiving a 112 report; and (b) took a bath to “sprinking out” the part of the slope F’s clothes on one occasion by a drinking-to-day, and was in the right side and the part of the slope F using the slope F’s clothes on the left hand floor in the direction of the slope F.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on photographs and photographs related to damage;

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

1. In light of the reasons, details, etc. of sentencing under Article 62(1) of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the following factors: (a) the Defendant’s mistake and reflects his/her fault; and (b) the Defendant’s age, criminal records, character and conduct, environment, means and consequence of the crime; and (c) the various sentencing conditions specified in the instant records and arguments, including the circumstances after the crime.

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