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(영문) 제주지방법원 2019.06.27 2019고단259
공무집행방해
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

On January 3, 2019, at around 22:20, the Defendant 112, while drinking alcohol on the C frontway in Jeju Island, was frightened and frighted, and was dispatched to the police, and was asked to check personal information by E, a police officer belonging to the Jeju East Police Station Diplomatic Police Station, who was called on the 112 report, and was asked to check personal information. The Defendant “I am to check whether Ne is a police officer, if she is frighten, if she is frighten, if she is frighten, if she is frighten, if she is frighten, if she is frighted, if she is frighten, if she is frighten, and if she is frighted, then frighted by the police officer.

As a result, the Defendant interfered with the police officer's legitimate execution of duties on the prevention of crime by sending out 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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 grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a normal situation where the crime of this case was committed by a police officer dispatched after receiving a report of 112 from the time when the criminal was frightened by the criminal suspect, and the nature of the crime is not less complicated, and the defendant took the title of the police officer by hand.

However, it is favorable for the defendant to recognize the facts charged and seriously reflect it, and the fact that the defendant is the first offender who has no record of criminal punishment.

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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