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(영문) 제주지방법원 2020.02.13 2019고단2600

공무집행방해등

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

At around 18:20 on October 18, 2019, the Defendant expressed that “D” entertainment tavern operated by the Victim C (Seong 59) B in Seopo-si B, Seopo-si, Seopopo-si, and that “Neung Don Don’s Don’s Don’s Don’s Don’s Don’s Don’s Don’s Dokn’s Don’s Dokn’s Don’s Dokn’s Don’s Dokn’s Dokn’s Don’s Dokn’s Dokn’s Don’s Dokn’s Don’s Don, which was called upon 112 report, and that the Defendant was urged to return home from Gnna’s Don.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, C, and H;

1. Investigation reports (on site exit situations and arrest of flagrant offenders), notification to departments related to reporting 112 cases, and application of field photographs-related Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

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 abuse of violence against police officers dispatched after receiving a report 112, and is disadvantageous to the nature of the crime.

However, it is favorable for the defendant to recognize the facts charged and reflect the facts charged, the defendant seems to have reached the crime of this case by contingency under the influence of alcohol, and the defendant has no criminal record of the same kind of crime or violence.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Attachment Criteria - Each crime of obstruction of the performance of official duties: The group of crimes of obstruction of the performance of official duties, obstruction of the performance of official duties, obstruction of the performance of official duties, and obstruction of the performance of official duties (However, the sentencing criteria are not applied because they are ordinary concurrent crimes and choose

1. Summary of the facts charged