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(영문) 제주지방법원 2020.01.17 2019고단2198
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:20 on September 11, 2019, the Defendant reported 112 that “A person who causes damage to a vehicle” in front of “C” located at Jeju-si, and attempted to assault a substitute engineer by the police box belonging to the Jeju Western Police Station D (the age of 56) who called the Defendant who was dispatched to the scene after receiving a report of 112 that “A person who causes damage to a vehicle,” and who attempted to restrain the Defendant who seeks to assault an substitute engineer, and, thus, read as “find, find, low-find, dead-find,”

In order to prevent the crimes of police officers or maintain public safety and order by assaulting the E's chest part by double-brushing the E's chest part twice, the E interfered with the legitimate execution of duties concerning the crime prevention, public safety and maintenance of order.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. The application of the Acts and subordinate statutes governing the statement statement made to E in the 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. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment by law] 1 month or 5 years [the decision of punishment by law] - obstruction of performance of official duties, obstruction of performance of official duties, Type 1 [the general person] mitigation elements - [the scope of punishment by law ] basic area / the scope of punishment by law / 6 months to 1 year or 6 months of imprisonment / suspension of execution / positive general participation factors / The positive general participation reasons : Social relation clear, serious reflectness - negative general participation reasons : The defendant has no effort to recover from damage (the decision of sentence ] 6 months of suspension of execution : The defendant has a number of records of punishment by violent crimes against the defendant; violence against police officers is a challenge against the State's public authority. The defendant is a victimized police officer.

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