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(영문) 제주지방법원 2019.08.22 2019고단493

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 October 30, 2018, four persons, including Jeju Provincial Police Agency B, received 112 reports that "two persons run on roads" and sent to D on October 30, 2018.

이후 현장 상황이 종료되어 경사 C 등은 같은 날 23:25경 제주시 E 앞 도로에 세워져 있는 순찰차(F)로 돌아오자 피고인이 아무런 이유 없이 ‘이 짭새 새끼들 순찰차 세워놓고 어디 갔어, 이거’라고 말하며 순찰차를 발로 차고 있었다.

In light of the above, while G was unable to act of the defendant, the defendant committed assault, such as “I will cut off, cut off, write off his identity card, and write off his chest in his hand, and her chest in his hand, and cutting down his chest in a slope C, which was fluoring the defendant’s act, in his hand.”

Accordingly, the defendant interfered with legitimate execution of duties concerning police officers G and C's crime prevention, maintenance of order, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (on-site timberers' statements, etc.);

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an act of violence against police officers dispatched after receiving a report 112, which is disadvantageous to the nature of the crime, and there is a criminal record of violence against the defendant.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the type of the defendant's exercise is not very serious, and the defendant has no record of punishment exceeding the fine.

In addition, the defendant's age, character and conduct, environment, means and results of the crime, and various sentencing conditions shown in the trial process of this case, such as the circumstances after the crime.