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(영문) 제주지방법원 2021.01.14 2020고단2693
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 30, 2020, around 00:08, the Defendant was informed of the fact that he could be punished for free-of-child lanes without paying a taxi fee, as he did not pay a taxi fee under the influence of alcohol in front of the C District in front of the C District located in Jeju Island, which was called upon 112 by the 112 taxi driver, and the circumstance D belonging to the C District, etc. dispatched and received the notification that he could be punished for free-of-child lanes if he did not pay a taxi fee.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement prepared D and E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is due to the use of violence against a police officer dispatched after receiving a report 112, and the nature of such crime is not negligible.

However, there are more favorable circumstances such as the fact that the defendant recognized the facts charged and seriously reflects the fact that the defendant used the charges, the fact that the defendant has not been subject to punishment exceeding the same kind of crime or fine, the fact that the defendant has agreed with the other police officer.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Interference with the Execution of Official Duties: Group of Crimes Interfering with the Execution of Official Duties, Interference with the Execution of Official Duties, Type 1 (Interference with the Execution of Official Duties and Force of Duties, etc.: Provided, That the sentencing criteria shall not apply because of the choice of fines).

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