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(영문) 제주지방법원 2019.11.21 2019고단2087
공무집행방해
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 1, 2019, the Defendant: (a) committed assault to the C station located in Jeju Island B on July 1, 2019, at around 01:40, that a female under the influence of alcohol was found to the gas station; (b) received 112 reports to the gas station; and (c) received recommendations from the Jeju Autonomous Police Authority D District of Jeju Special Self-Governing Province to return home from E slopeF; and (d) received recommendations from E slopeF to return home without any justifiable reason; and (e) avoided the above E’s face face face face, one time more time more, and more than once more, and obstructed the autonomous police officer’s legitimate execution of duties regarding the duty of sending the 112 report report.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G preparation;

1. Application of related photographs (D District Scenes), 112 report processing marks, related photographs, investigation reports (such as attaching visual images of on-the-spot CCTV), closure photographs (Cropic images of CCTV in the gas station), and Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the provisional payment order by the defendant has exercised violence against police officers dispatched after receiving 112 reports. In relation to the obstruction of performance of official duties by police officers, strict measures are needed for public safety.

However, in consideration of various circumstances, such as the defendant's age, character and conduct, environment, circumstances after the crime, etc., the punishment shall be determined as ordered by the order, taking into account the following factors.

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