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(영문) 제주지방법원 2019.05.15 2018고단2191
공무집행방해등
Text

A defendant shall be punished by imprisonment for 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

1. On September 6, 2018, at around 21:20, the Defendant obstructed the victim’s primary business by force by failing to enter the customer who had been on the main place of the incident, by failing to return to the main place of the incident at around 21:50 on the same day, even though the police officer who received the 112 report and sent out after receiving the 112 report, expressed the victim’s desire to pay the credit amount from the victim C’s “D key point” in the “D key point,” and by failing to make the customer who had been on the main place of the incident enter, thereby obstructing the victim’s primary business by force.

2. On September 6, 2018, the Defendant: (a) obstructed the performance of official duties in the “Dju” located in Seopo-si B; (b) assaulted and threatened a police officer’s slope F of the Jeju Western Police Station Estation, who was dispatched after receiving the second report of the main business caution that the Defendant interfered with the Defendant’s business, as described in paragraph (1). As such, the Defendant heard and threatened the Defendant with the words “influence of business” from the police officer’s slope F of the Jeju Coast Police Station Estation, who was called “I”, “I am going forward, I would like to take a bath, bru the shoulder of the said F, and

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on handling 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of C’s written laws and regulations

1. Relevant Article 136 (1) and Article 314 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the extent of damage on the grounds of sentencing under Article 62(1) of the Criminal Act is minor; (b) the defendant reflects and agrees with the victim C; and (c) the defendant’s age, character and conduct, family relationship, environment, circumstances and result of the crime; and (d) the circumstances after the crime

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