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(영문) 제주지방법원 2016.11.25 2016고단2169
공무집행방해
Text

A defendant shall be punished by imprisonment for 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 23:00 on October 4, 2016, the Defendant, within the main point of “D” located in Seopopo City C, who received a report from 112 that the Defendant did not pay the drinking value, and received a demand for payment of the drinking value and for returning home from the police officer, a police officer belonging to the Seopo Police Station E District Unit of the Seopopo Police Station, who was dispatched to the site upon receipt of a report from 112, and expressed that “I must do so directly if you have to confirm whether you have sat, sat, and sat,” and assaulted the above F by pushing it over, and making the drinking part of the left part of the F only once.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of the G production;

1. Diagnosis certificates and investigation reports (to hear the statements of victims concerned);

1. Application of the Acts and subordinate statutes on related photographs and part of violence photographs;

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines for sentencing under Article 62-2 of the Social Service Order Act: The range of recommendation and sentence [the scope of punishment favorable to the determination of sentence as ordered in consideration of the crime of obstruction of performance of official duties, the obstruction of performance of official duties, the first category (the coercion of obstruction of performance of official duties/duty), the basic area, and the following circumstances: The circumstances which recognize and reflect the facts of crime: The fact that it is not good that the crime is committed against the police officer who has been dispatched upon 112 report and received the 112 report; the degree of the exercise of violence against the police officer; the degree of the exercise of violence against the police officer; and other facts that there are records of criminal punishment for several times of violent crimes including the obstruction of official duties

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