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(영문) 제주지방법원 2018.01.09 2017고단2713
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 9, 2017, the Defendant received a report from the head of the convenience store located C in Jeju on August 17, 2017, and received a report from the head of the convenience store that the Defendant did not purchase tobacco and a horse and received a report from the head of the above convenience store, and the Defendant heard the details of the report from the head of the above point, and then paid the amount of tobacco and returned to the Defendant.

The F made the solicitation to see that “I will report at the time of internal report”, and that I would like to write F’s timber in his hand and assault F’s son.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on 112 reporting handling affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. Application of statutes on site photographs;

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

1. The crime of this case, on the grounds of sentencing under Article 62(1) of the Criminal Act, is not deemed a crime, and the defendant has a record of being sentenced to a sentence by obstructing the performance of official duties, etc.

However, the defendant is recognized to commit a crime, the defendant himself is currently being treated for the symptoms of alcohol addiction, and he is treated in good faith in the future.

The punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the pleadings of this case, such as the fact that the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc.

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