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(영문) 제주지방법원 2019.05.02 2018고단2580
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 August 10, 2018, at around 00:05, the Defendant: (a) had been urged to pay the drinking value and return home from the police officer of the Jeju Western Police Station D Police Station, a police officer of the Jeju Western Police Station, who was called out after having received a report of a re-take-out type, and was urged to return home, to the above E on the ground of his hand; (b) had threatened the said E on the ground of his hand; (c) had knife the view of the said E on his hand, and committed assault with the body of the said E on his hand.

As a result, the defendant interfered with the legitimate performance of official duties by police officers on 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A statement prepared by the F;

1. Application of each investigation report, relevant photographs, collecting pictures, photographing photographs, documentary evidence CD-related Acts and subordinate statutes;

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 ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is committed without paying the drinking value at the main point, and the use of violence against a police officer dispatched after receiving 112 report, and the nature of such crime is not weak.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the fact, the type of the defendant's exercise, the fact that the defendant seems to have committed a contingent crime by drinking, and the fact that the defendant is an initial offender who has no criminal record.

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