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Reasons
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(영문) 제주지방법원 2019.05.24 2018고단2559
공무집행방해
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Around 01:10 on August 10, 2018, the Defendant sought a police officer’s legitimate performance of duties on the handling of the report, etc., by asking the Defendant by the police officer B (the age of 46) belonging to the Jeju Provincial Police Agency (the age of 116) who was called out after having received 112 a report on August 10, 2018, on the street prior to the Jeju Provincial Police Station in front of the Jeju Provincial Police Agency 66 (Do Do Do dong Do dong Do Do dong Do Do dong Do Do dong Do Do dong Do Do dong Do Do dong Do Do dong Do Do dong Do Do dong Do dong Do dong Do Do dong Do Do dong Do Do dong Do Do dong Do Do dong Do Do Do dong Do Do Do dong Do Do Do

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of statement concerning B prepared by the police;

1. A written statement prepared in C;

1. Entry of a report processing list of 112 reported cases prepared by the police;

1. Application of each of the related visual Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is 【The scope of applicable sentences under law】 A fine of KRW 50,00,000 to KRW 10,000,000,000, which is a fine of KRW 3 million, is an unjustifiable challenge against the State’s public authority. This constitutes an unfavorable circumstance against the Defendant.

On the other hand, the fact that the defendant has properly recognized his mistake and divided, that the defendant seems to have committed the crime of this case by contingency while under the influence of alcohol, that the damage caused by the crime of this case is minor, that the defendant has no other criminal record in addition to being sentenced to a summary order for gambling as a crime of gambling in 2010, and that the defendant has no other criminal record, etc. are favorable to the defendant.

This situation will be in this situation.

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