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(영문) 제주지방법원 2019.07.19 2019고단380
공무집행방해
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant, at around 04:30 on October 4, 2018, at the main point of “C” located in Jeju-si B, the Defendant fighting on the grounds of D and imprisony, a Defendant’s workplace, and D damaged property, such as ratrying the carter table by hand, and the Defendant and D did not pay the drinking value.

As a result, C filed 112 reports, and F, G, etc. called the scene of the report and identified the circumstances of the case from the above owners, and tried to arrest D as a crime of fraud or property damage.

The Defendant, under the influence of alcohol, interfered with F’s 112 reporting processing and legitimate execution of duties in relation to arrest of flagrant offenders, by putting a fatch of F(23 years of age) into a fat.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement on the F of the police preparation;

1. A statement prepared by H;

1. Entry of a report processing list of 112 reported cases prepared by the police;

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 Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment under the law] 1 month or five years [the decision of a sentence ] imprisonment ; obstruction of performance of official duties ; obstruction of performance of official duties ; 1 type [Special Convict] ; mitigation element : In a case where the degree of violence and deception is minor (general person): Reduction element - [the scope of recommendation element] mitigation range / 1 month or 8 months / Suspension of execution / In a case where the degree of threat and deception is minor - the degree of threat and deception is minor : The scope of punishment / the scope of punishment / the punishment / the punishment / the punishment ] mitigation range / the punishment / the punishment 1 month or 8 months / the punishment / the punishment / the punishment / the punishment :

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