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(영문) 제주지방법원 2019.08.08 2019고단741
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

At around 23:20 on March 10, 2019, the Defendant sent a report of 112 that “no dispute exists between the grandchildren” at C’s station located in Seopopopo City B, and discovered that E arrives at the site and the Defendant went to the port, and continued to ask for the reason why he was able to go to the left hand, and assault the Defendant at his hand, on the hand floor, the Defendant expressed his desire that “I will go to go to the her to the her seat,” and used the above her chest at one time as a part of the luter where I pushed the her chest.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the relevant Acts and subordinate statutes to the F and G preparations;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., taking into account the favorable circumstances among the reasons for sentencing) is that the instant crime was committed with the use of violence against police officers called out after receiving 112 reports, and its nature is bad. On December 11, 2015, the Defendant was sentenced to a fine of three million won by the Jeju District Court for the crime of assault, and the Defendant was committed 14 times with the record of 14 times violent crimes.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the types used by the defendant are not very serious, and the defendant does not have any record of punishment exceeding the fine.

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 - Crimes of Obstruction of Performance of Official Duties: Group of Crimes of Obstruction of Performance of Official Duties, Obstruction of Performance of Official Duties, Type 1

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