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(영문) 제주지방법원 2019.05.31 2018고단2733
공무집행방해
Text

A fine of two 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

At around 01:34 October 7, 2018, the Defendant: “A man who has a urine. there is a man who seems to have a urine entering a female toilet” on the front of the Jeju Provincial Building, on the ground that the police officer D (55) employed by the Jeju Western Police Station C District District, who was called upon 112, attempted to assault the Defendant while taking a bath to E in a female toilet used by the Defendant’s wife, and tried to assault the Defendant. D, on the ground that: “I will not arrest a man who intruded into a female toilet; I will not arrest a woman toilet; I will do so. I will do so. I will do so. I will do so. I will do so; I will am pathn. I do.) and interfere with D’s legitimate execution of duties concerning the prevention, suppression, and investigation of the police officer’s crime by salpting DNA culture.”

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 made by the police about D's written statement; and

1. A statement prepared in the F;

1. Application of Acts and subordinate statutes entered in the 112 Reporting Case Handling List (Case Number 54) prepared by the police;

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 【The scope of applicable sentences in law】 A fine of KRW 50,00,000 to KRW 10 million / 2 million : The defendant has the record of having been issued two times as violent crimes in 2011 and two times as a summary order of a fine in 2017; assault against police officers is an unjustifiable challenge against the State’s public authority: The defendant recognized his mistake and divided it; the defendant appears to have committed the instant crime under the influence of alcohol; the defendant is deemed to have mistakenly committed the instant crime under the influence of alcohol; and there is no criminal record heavier than a fine.

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