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(영문) 제주지방법원 2015.04.24 2015고정166

공무집행방해

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 31, 2014, around 19:40, the Defendant, at the house of the Defendant, No. 503 of the C building 503, and at the house of the Defendant, after receiving a report of domestic violence, sought the Defendant’s assault against the denial of domestic violence from E, the Jeju Western Police Station D District Police Station, who was called out after receiving a report of domestic violence, and attempted to take the victim’s hand and inflict the Defendant’s injury.

As such, the Defendant interfered with legitimate execution of duties concerning the prevention, suppression, and investigation of the victim's crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to police statements made to F and E;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 136 (1) of the Criminal Act and the selection of fines;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances:

The favorable circumstances: The facts of the crime are recognized and reflected, and the circumstances that are the first offender without a previous record are unfavorable to the point that the police officer's legitimate execution of duties is obstructed, and the crime is not good: the defendant is old, the motive and circumstance of the crime, circumstances after the crime, and family relations are determined as above.