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(영문) 제주지방법원 2021.01.28 2020고단2730
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 November 6, 2020, the Defendant: (a) 20:10 on the street in front of the winter stop located in Seopo-dong 1309-10, Seopo-dong 1309-10, Mapo-dong 1300.

“A police officer, who was dispatched upon receipt of a report 112, refuses to present an identification card by a police officer C, etc., who is a police officer of the Seocho-gu Police Station B police box, who was called out, and was requested to present an identification card, and the above C’s face was displayed three to four times, and the chest of the above C was sealed in hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. The application of C of a written investigation report in the draft of the police statement protocol with respect to C (Attachment of bus box images) and the application of Acts and subordinate statutes to a visual image photographe;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract 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 due to the use of violence against a police officer dispatched after receiving a report 112, and the nature of such crime is not negligible.

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, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Interference with the Execution of Official Duties: Group of Crimes Interfering with the Execution of Official Duties, Interference with the Execution of Official Duties, Type 1 (Interference with the Execution of Official Duties and Force of Duties, etc.: Provided, That the sentencing criteria shall not apply because of the choice of fines).

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