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(영문) 제주지방법원 2020.02.06 2019고단2498
공무집행방해
Text

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

On August 29, 2019, the Defendant: (a) reported 112 to the “C” restaurant located in Seopopo-si B, Seopo-si, Seopo-si; (b) sent to the scene, and confirmed the situation, the Defendant: (c) sent to E of the Seopo-si, Seopo-si, Seopo-si, the police box affiliated with the guard of the Seopo-si Police Station D, which read, “I will see whether I will see see, me, us can see me, us if I can see me, she will me if you are the police; and (d) sealed the chest of the above E by hand; and (c) assaulted the F of the process of carrying out the same box, which continuously attempted to stop, by hand, and assaulted the said F with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F preparation;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 2006) is that the crime of this case was committed by a police officer dispatched after receiving a report 112, and the nature of the crime is not less than that of the crime.

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 shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Sentencing Criteria - Each crime of obstruction of the performance of official duties: the group of crimes of obstruction of the performance of official duties, obstruction of the performance of official duties, obstruction of the performance of official duties (performance of official duties/performance of official duties).

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