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제주지방법원 2015.08.12 2015고단778

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 4, 2015, the Defendant: (a) at the Jeju-dong Police Station C District Parking Site located in Jeju-si, Jeju-si, Jeju-si; (b) on the ground that the Defendant did not pay a taxi fee on the ground that he was under the influence of alcohol, and (c) requested the Defendant to return to the taxi by paying a taxi fee on the earth parking lot; (d) the Defendant, who was in the slope D belonging to the said earth, made the said police officer self-sating and walking the chest of the said police officer on a hand, and obstructed the Defendant’s legitimate performance of duties concerning the maintenance of order and treatment of civil petitions by the said police officer.

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 investigation reports (investigation into video images);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. A favorable circumstances for sentencing under Article 334(1) of the Criminal Procedure Act: The fact that the sentence is determined as ordered in consideration of the following circumstances as the reasons for sentencing under Article 334(1) of the Provisional Payment Order: The fact that the facts of the crime are recognized and reflected; the fact that the injured police officers are divided into several times, and the fact that the injured police officers were deadly killed; the fact that the act of assaulting the police officers in the course of performing official duties is not good: The degree of the use of violence against the police officers; the age, character and conduct, environment, health conditions, etc.