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(영문) 제주지방법원 2020.09.18 2020고정388
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On March 11, 2020, the Defendant, on March 11, 2020, at around 00:35, the victim E (the age of 19) complained of D, the former wife, in front of the restaurant of “C” in Jeju City, when the victim E (the age of 19) was fluorized with the victim’s blue and blue face and blue with his hand.

Accordingly, the defendant committed violence against the victim's body.

2. The Defendant: (a) committed assault to the police officer’s head of the Jeju Police Station F Zone G belonging to the police station of the Jeju Police Station, who was dispatched after receiving a report of 112 to the effect that “the Defendant is satisfing” at the time and place specified in the foregoing paragraph (1); (b) the police officer’s failure to listen to the circumstances of the instant case from the Defendant; (c) the police officer’s failure to arrest the Defendant; and (d) the police officer’s resistance to the direction of the police officer.

Accordingly, the defendant interfered with legitimate execution of duties to maintain social public order of police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of relevant photographs and Acts and subordinate statutes of the 112 Reporting Case List;

1. Relevant Article 136(1) of the Criminal Act and Article 26(1) of the Criminal Act (the point of obstructing performance of official duties and the choice of fines) concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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