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(영문) 제주지방법원 2020.04.10 2019고단2168

공무집행방해

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 14, 2019, around 08:45, the Defendant: (a) received a report on a drunk driving, conducted a drinking test from a policeman D belonging to the Jeju Autonomous Police Authority, who was dispatched to the site, and then requested the signing and sealing of the report, etc. on the Jeju Autonomous Police Authority; (b) made the judgment on the document attached to the said D with his hand so that he can be faced with the chest of the D; and (c) committed assault, such as smugglinging the neck of D with the hand floor, dumping the d’s blaf with d’s flaps.

Accordingly, the defendant interfered with legitimate execution of duties concerning the maintenance of social order of autonomous police officers and the prevention of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes of D and E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the fact that the defendant acknowledges and reflects his mistake; (b) the defendant has no criminal record exceeding the same criminal record or fine; and (c) the defendant's age, character and conduct, environment, means and result of the crime; and (d) all the sentencing conditions specified in the records and arguments, including the circumstances after the