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(영문) 제주지방법원 2019.10.10 2019고단1554
공무집행방해등
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 July 14, 2019, the Defendant, at around 23:15 on July 23:15, 2019, committed an assault against the Defendant, such as a defect in his personal information, i.e., “the cab customer’s assault,” and having been called up to the D District Unit of the Seocho-gu Police Station D District of the Seocho-gu Police Station, in order for the Defendant to verify the Defendant’s personal information, and assaulted the Defendant, as a drink, such as “the son spack spack.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. The application of relevant photographs, investigation reports (victim F testimony), investigation reports (Attachment of black boxes and video images submitted by the victim), black stuffs image images, black stuffs video CDs, investigation reports (the victim of obstruction of the performance of official duties, police officers Ebbbling and police officers) Acts and subordinate statutes

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an abuse of violence against police officers dispatched after receiving a report 112, and is disadvantageous to the nature of the crime.

However, it is favorable for the defendant to recognize the facts charged and reflect it, the defendant seems to have reached the crime of this case by contingency under the influence of alcohol, and the fact that the defendant 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 shall be determined as ordered by taking into account various sentencing conditions shown in the trial process of this case.

[Reference Criteria - Crimes of Obstruction of Performance of Official Duties: The crime of obstruction of performance of official duties, obstruction of performance of official duties, type 1 (performance of official duties and coercion of official duties), etc. However, since the sentencing criteria are chosen, the dismissal criteria are not applicable.

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