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(영문) 제주지방법원 2019.07.11 2019고단419
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

Around 01:50 on July 15, 2018, the Defendant d and E drinking alcohol together with D and E at the main point of “C” located in Jeju-si, Jeju-si, and at this point D were unable to bring a disturbance due to the following reasons: (a) the Defendant d, who d and d were off, and d were forced to have a dispute for reasons of disability with E and imp, and d were shot off, and d and d were on the floor, and the Defendant was forced to escape from a disturbance; and (b) upon reporting 112 on the 112 report of Jeju-si, the Defendant sent the situation of the F Zone at the Jeju-si Police Station.

A police officer G called “a person who causes damage to a material” to the Defendant et al., and said D’s personal information, etc., but G attempted to arrest D as a flagrant offender of damage to property, in order that D did not disclose his/her personal information.

The Defendant, “I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, and am, two times.

Accordingly, the defendant interfered with legitimate execution of duties concerning G 112 reporting duties and arrest of flagrant offenders, a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A statement prepared by H;

1. Application of Acts and subordinate statutes to investigation reports (case concerning victim's statement), investigation reports (case concerning statement A and E), 112 reported case lists, and photographs; and

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 (hereinafter, taking into account the favorable circumstances among the reasons for sentencing) is that the instant crime was committed by a police officer upon receiving 112 report and using defective violence that a police officer intends to arrest a flagrant offender as a flagrant offender, and the nature of such crime is bad. On July 7, 2011, the Defendant was punished by imprisonment with prison labor for a violation of the Punishment of Violence, etc. Act (a collective weapon, etc.) in the Jeju District Court on July 7, 201 and two years of suspended sentence were sentenced to imprisonment with prison labor for a crime of violation of the Punishment of Violences, etc. Act (ab

However, the defendant.

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