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(영문) 제주지방법원 2019.05.01 2018고단1118
폭행등
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

Around 01:10 on February 15, 2018, at a point 200 meters near the south of Jeju Island B, the Defendant: (a) heard the circumstances of the case by separating the Defendant and the victim on the grounds as stated in the facts charged in the public prosecution of the dismissal of prosecution as follows; (b) the Jeju Western Police Station C police box affiliated with the Jeju Western Police Station, which called the Defendant and the victim on the spot; (c) the Defendant sent the Defendant to the above F, etc.; (d) the Defendant saw the Defendant to display the drinking; (d) the Defendant f, etc. to f, etc.; and (e) the Defendant fabling the fab, etc.; and (e) the Defendant fabing the fabb, etc. of E; and (e) the Defendant fab, fabing the chest of D’s chest; and (e) the Defendant fab, fabing the fab, etc. of E, and fabro.

Accordingly, the defendant interfered with the legitimate execution of duties by police officials on the handling of 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and D;

1. Article 136 (1) of the Criminal Act concerning the crime concerned (the point of obstruction of performance of official duties);

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment provided for in the obstruction of performance of official duties to police officers E, the nature and circumstances of which are heavier);

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the fact that the defendant acknowledges and reflects his mistake; (b) all the two police officers agree with each other; (c) there are no criminal records of the same kind; and (d) the defendant's age, character and conduct, environment, means and result of the crime; and (c) all the other factors of sentencing specified in the records and arguments, including

Public Prosecution Rejection Parts

1. On February 15, 2018, the Defendant: (a) around 01:10 on the alleyway at a point of 200 meters south of B on February 15, 2018; and (b) the victim F (n, 35 years of age) turns back back to the Defendant’s address.

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