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(영문) 제주지방법원 2020.01.09 2019고단2340

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On August 1, 2019, at around the gas station located in Jeju-si, Jeju-si, Jeju-si, Police Station C District of Jeju-dong, which received a report of 112 that there is a problem of customer and taxi fares and recommended the Defendant to pay taxi fares, the Defendant committed assault against the said D, such as “this spath, spathy, spathy, and spathy spathy,” and “D’s spathy, spathing, spathing, and spathing the breast part by hand.”

Accordingly, the defendant interfered with the legitimate execution of official duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Application of the Acts and subordinate statutes to photographs of damage, 112 reported case processing records, mobile phone images CDs, and visual images capturing photographs;

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

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 a punishment for the time limit due to the problem of taxi charges, and the use of violence against police officers dispatched after receiving 112 reports, and the nature of such crime is not somewhat weak.

However, there are favorable circumstances such as the fact that the defendant's recognition of facts charged is seriously against the defendant, the fact that the type of the defendant's exercise is very heavy, the fact that the defendant has no record of criminal punishment, and the fact that the defendant has agreed with the other police officer.

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.

[Sentencing Criteria - Crimes of Obstruction of Performance of Official Duties: Crimes of Obstruction of Performance of Official Duties, Obstruction of Performance of Official Duties, Type 1 (In the case of choice of fine, the sentencing criteria do not apply).