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(영문) 제주지방법원 2019.05.02 2018고단2677
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 September 22, 2018, the Defendant: (a) in Jeju Island B on September 2, 2018, at around 03:45, asked the police officer’s slope affiliated with the Jeju Provincial Police Agency, who was dispatched after receiving 112 report that “not pay the drinking value,” and asked the police officer’s slope of the Jeju Provincial Police Agency, who did not pay the drinking value, and assaulted the Defendant by making the bat of the bat of the said D with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the investigation of the case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A E-document;

1. Application of Acts and subordinate statutes to a report on investigation, a report on the handling of a report 112 case, a report on an investigation (in addition to a receipt of the alcohol value and data on account details),

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. The use of violence to police officers dispatched after receiving 112 report, and the nature of such crime is not less than that of the crime, and the defendant's records of punishment for violent crime include several times of suspended sentence of imprisonment.

However, it is advantageous to the fact that the defendant's recognition of facts charged is seriously against the defendant, the types of the defendant's exercise are not very serious, the defendant seems to have committed a contingent crime by drinking, and the defendant has no record of punishment for the same kind of crime.

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.

[Reference 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 (Compulsory Obstruction of Performance of Duties).

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