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(영문) 제주지방법원 2019.05.24 2018고단2549

공무집행방해

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On September 1, 2018, the Defendant reported on September 1, 2018, 01:0, 112, that “the taxi son will not pay the taxi son fee.” In the process of confirming the Defendant’s contact information that there is no money to be paid by the police officer D(35 years of age) and E(52 years of age) belonging to the Jeju District Police Station C District Station, Jeju District Police Station, the Defendant carried the right shoulder part of D(35 years of age) by hand, pushed off the part of D(52 years of age) one time, and obstructed the police officer’s legitimate performance of public duties regarding the handling of 112 reports by assaulting twice the part of E(52 years of age).

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of each statement of the police officer in D and E;

1. A statement prepared in the F;

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Application of each of the related visual Acts and subordinate statutes;

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

1. Among the crimes in each judgment of ordinary concurrence: Articles 40 and 50 of the Criminal Act (Punishment of a punishment prescribed for the crimes against D by police officers holding heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is 【The scope of applicable sentences under the law】 The sentence of a fine of KRW 50,00,000 to KRW 10 million is a violent crime in 2003, and the defendant has been issued a summary order of a fine for a crime of interference with business in 2014. On August 14, 2018, the defendant was sentenced by the Jeju District Court to a two-year suspension of the execution on August 22, 2018 for a crime of interference with business in violation of the Occupational Safety and Health Act, and the judgment became final and conclusive on August 22, 2018. The instant crime committed only 10 days from the date the above judgment became final and conclusive, and the assault against police officers is not a legitimate challenge against the State.

On the other hand, the defendant has reached the court.