(영문) 제주지방법원 2020.03.26 2020고단118

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 제주지방법원 2020.03.26 2020고단118

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 05:25 on January 5, 2020, the Defendant asked the Defendant questions on the circumstances of the instant case from the 1112 taxi engineer D, “A,” “A,” which is located in Jeju-si, “C,” and “A, a taxi driver,” who was called “C,” and called “C, a taxi driver,” and the Victim G, who was called on the part of the Defendant, tried to receive the instant case from the Defendant, and assaulted the victim’s face by her hand, as the E-si was called “h, f, f, and f, a taxi driver,” who was called on the part of the Defendant.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting processing duties.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Each statement prepared in D, F, H, and I;

1. 112 Declarations, investigation reports, relevant photographs, investigation reports (Attachment to J-si and patrol vehicles booms), application of CD-related Acts and subordinate statutes;

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 (The following conditions shall be considered in light of the favorable circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is an unfavorable circumstance where the police officers dispatched after receiving 112 report used violence, and the nature of such crime is not weak, and the defendant has the record of punishment for violent crimes and has the record of being punished as suspension of execution of imprisonment for the same crime.

However, it is favorable for the defendant to recognize the facts charged and seriously reflects the facts charged, the types used by the defendant are not very serious, and the defendant seems to have committed any contingent crime by drinking.

The age, character and conduct, environment, and means and results of the crime of the defendant, after the crime is committed.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제136조 제1항

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