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제주지방법원 2017.01.10 2016고단2297
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 1, 2016, at around 23:00, the Defendant: “On the road in front of C general restaurants located in Seopo-si B, Seopopo-si; hereinafter the same shall apply)”, upon receipt of a report 112, confirmed the details of the report by the slope E belonging to the Seopo-si Police Station, and assaulted the Defendant at one time on the left left side of the face of the said E, with his/her sleeping the dissatisfaction.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on a criminal investigation report (referring to eight pages of investigation records);

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

1. Suspension of execution: The sentencing guidelines under Article 62(1) of the Criminal Act (including the sentencing conditions under Article 51 of the Criminal Act, as stated below) and the following circumstances shall be taken into account for the reasons of sentencing, and the sentence shall be determined as per the order.

The favorable circumstances: The facts of the crime are recognized and the degree of damage of the police officer is not serious: The several times of a fine for violence-related crimes, the fact that there is a history of punishment for a one-time suspension of execution, and other facts: The motive and circumstances of the crime, circumstances after the crime, the circumstances after the crime, the occupation, age, economic conditions, family relationship (the sentencing criteria) [the sentencing criteria] type 1 (Interference with the performance of public duties and coercion of duties) in the basic area (from June to April). There is no special sentencing seal for the basic area (from January to April).