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(영문) 제주지방법원 2018.05.25 2018고단427

공무집행방해등

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

1. On December 26, 2017, the Defendant interfered with the performance of official duties, on the 21:50 on the 26th day of December 2017, 2017, on the e box located in Jeju City D, and did not pay taxi expenses.

Defendant: (a) arrived at the above E box; (b) was able to listen to the circumstances of the instant case by the F F during the situation service at the time; (c) was able to see the said F; and (d) the said F f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the prevention and control of crimes and the service of police boxes.

2. On December 27, 2017, around 01:23, the Defendant: (a) was arrested as a current offender who interfered with the performance of official duties as stated in paragraph (1) of this Article; (b) was admitted to the metropolitan detention room in the Jeju-dong Police Station located in the Jeju-dong Police Station located in the Jeju-dong Police Station; and (c) was released from the wall side of the wall of the protective detention room (50cm wide, 120cm long, 50cm wide, 120cm long) by her hand.

Accordingly, the Defendant damaged the repair cost of 110,000 won of goods used by public offices.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, G, B, and H;

1. Application of Acts and subordinate statutes to investigation reports (attached photographs, etc.);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 141(1) of the Criminal Act (the point of damaging goods for public use) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is not that of the Defendant in light of the background leading to the instant crime, the degree of assault against police officials.

However, the accused recognizes the crime as the first offender, and reflects it.