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(영문) 제주지방법원 2020.07.24 2020고단827
공무집행방해등
Text

A defendant shall be punished by imprisonment for one year.

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

1. At around 16:45 on March 7, 2020, the Defendant committed an assault, such as, on the drinking, the Defendant: (a) “Arrecked four fingers,” which was on the second and second floor of Seopo-si, Seopo-si, Seopo-si; (b) heard the fact of damage from the proprietor; and (c) recommended the Defendant to return home; (d) “Arrecked, the police officer was absent; and (e) took the part of the said E’s breast and neck, and assaulted, on the drinking, the Defendant, who walked the part of the bridge of the said E, due to a sudden breakdown of the chest and neck of the said E.

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

2. On March 7, 2020, at around 16:55, the Defendant: (a) was arrested as a flagrant offender under suspicion of obstruction of performance of official duties at a place specified in paragraph (1); and (b) was transferred to the Jeju Western Police Station D police box located in F at the time of Seopo-si, Seopo-si; (c) on the same day, on the same day, the Defendant removed the waiting room by asking the waiting sect at around 17:05; and (d) thereby, damaged

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. G statements;

1. Application of investigation reports (additional attachment of photographs) and investigation reports (the results of CCTV analysis of the C entertainment tavern);

1. Relevant Article 136 (1) of the Criminal Act and Article 141 (1) of the Criminal Act (the point of obstructing performance of official duties and the choice of imprisonment), the choice of punishment for the crime (the point of damaging goods for public use and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. In light of the specific types of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the following factors are comprehensively considered: (a) the nature of the crime is inferior in light of the specific types of the act; (b) the Defendant acknowledges and reflects his mistake; and (c) the Defendant does not have any previous conviction other than the previous conviction of the previous punishment once every 20 years; and (d) the Defendant’s age, character and conduct, environment, means and consequence of the crime; and (c) the circumstances after the

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