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(영문) 제주지방법원 2019.05.09 2018고단2881
공무집행방해
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. On October 9, 2018, at around 19:29, the Defendant used “C” restaurant located in Jeju-si, Jeju-si, Jeju-dong Police Station Diplomatic Police Station that received 112 reports that the Defendant would not pay the drinking value and requested the Defendant to pay the drinking value and return home from the slope E (50 years of age) affiliated with the Jeju-dong Police Station Diplomatic Police Station, which called “this Woo,” and the Defendant used the Defendant to assaulted E, such as fring off the passage of the E by hand, and fringing the right bridge of the E by hand, while continuing to ask for personal information.

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

2. At around 21:30 on October 9, 2018, the Defendant: (a) expressed to the police officer at the Jeju Dong-dong Police Station 66, Jeju-do, Jeju-dong Police Station, that he was arrested as a flagrant offender committing the crime of obstruction of performance of official duties for the same reason as described in paragraph (1), and used F to take the Defendant’s personal custody of the Defendant, who was under the atmosphere (26 years of age) at the Jeju Dong-dong Police Station D police Station, which he was under the influence of the Defendant, “the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife F at one time.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the management of suspects.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. 112 Application of the 112 Reporting Report List, and of relevant photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act and the choice of punishment for the crime, Article 136 (1) of the same Act and the selection of fines;

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

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

1. The instant crime on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order does not pay the drinking value in the restaurant.

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