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(영문) 제주지방법원 2020.03.26 2019고단2653
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

Around 05:20 on October 4, 2019, the Defendant expressed his desire to “Cran bar” located in Seopo City B, Seopo-si, Seopo-si, Seopo-si, 112, that “Neman does not calculate” and that “Seman must check the circumstances of the instant case and return home to the site, and that “Cran bar shall be equipped with a large number of police officers, openings, and racks, racks, and racks,” and “drawing racks” when E takes the aforementioned figures of the Defendant with his cell phone, and used the cell phone to cut off on several occasions by gathering the cell phone away from the floor, and assaulted E, such as cutting off the cell phone on several occasions, and cutting off E.

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 written statement in F and G preparation;

1. Application of the 112 Report List, investigation report (Attachment of cell phone images and photographs related to the obstruction of performance of official duties), photograph of cell phone image images, and the Acts and subordinate statutes governing cell phone image CDs;

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 an abuse of violence against a police officer dispatched after receiving a report 112, and is disadvantageous to the nature of the crime.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the type of the defendant's exercise is not very serious, and the defendant does not have any criminal record subject to punishment exceeding the same kind of crime or fine.

In addition, the defendant's age, character and conduct, environment, means and results of the crime, and various sentencing conditions shown in the trial process of this case, such as the circumstances after the crime.

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