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(영문) 제주지방법원 2020.05.21 2020고단631
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 December 25, 2019, at around 04:36, the Defendant, a residence of the Defendant, was punished for having a franch due to payment of taxi articles and taxi fares in front of the Jeju Provincial House, which is a residence of the Defendant. On December 25, 2019, the Defendant: (a) requested the franch D belonging to the Jeju Provincial Police Station C District, who was called upon 112, to return home after confirming the Defendant’s personal information; (b) failed to start the patrol car to stop the front of the defect to board the patrol; and (c) the defect that the Defendant attempted to control the Defendant, at his hand, assaulted the said D by 3 to 4 times the chest part of the said D.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to the F Statements;

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 unfavorable circumstance where the crime of this case is committed against a police officer dispatched after receiving a report 112, and the nature of the crime is not less than that of the crime, and the defendant has been punished twice for a violent crime.

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 does not have any criminal record subject to punishment exceeding the same kind of crime or fine.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes, etc. shall be determined as ordered by taking into account the 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).

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