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(영문) 제주지방법원 2019.10.10 2019고단1656

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

Around 00:15 on June 5, 2019, the Defendant received a visit report from the Jeju East Police Station C District District District of Jeju Police Station located in B, and received a report on the visit of a taxi rate-related Si, and committed assault to the slope D affiliated with the C District District of the C District of the C District, without any specific reason, such as “I am at the time of fluench with no fluench fluench,” and “I am at once, I am together with the cell phone used by his hand,” and continuously “I am fluench, I am back with the face of D’s body two to three tights.”

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. A E-document;

1. Application of the receipt statute

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 an act of violence against a police officer dispatched after receiving a report, and the nature of such crime is not less than that of the crime, and the defendant has been punished for a violent crime prior to the instant case.

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 previous conviction is punished as a minor fine for a long comparison.

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).