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(영문) 제주지방법원 2019.10.10 2018고단2673
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 21, 2018, the Defendant assaulted a part of the right face of the above E on one occasion on the left hand, as the police slope E belonging to the Seogpo Police Station D District called up after receiving a report of 112 that “the son has lost the drinking value” was used by the Defendant on one occasion on November 21, 2018, when the police slope E belonging to the Seogpo Police Station D District called up without calculating the drinking value.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers on the investigation of the case.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes governing investigation reports (unpaid receipts and attachment of 112 notification slips), receipts, 112 notification slips, relevant photographs, and photographs of suspects;

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 order of provisional payment is committed without paying the drinking value in singing, and the use of violence to police officers dispatched after receiving 112 reports, and the nature of such crime is not less than that of the crime, and the defendant has been punished by the suspension of the execution of imprisonment for the same kind of crime.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the type of the defendant's exercise of power is not very serious, and the fact that the criminal record is a long-term criminal record is favorable.

In addition, the defendant's age, character and conduct, environment, means and results of crimes, and the circumstances after crimes shall be determined as ordered by taking into account 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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