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(영문) 제주지방법원 2017.01.18 2016고단2740

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 29, 2016, the Defendant: (a) 23:15 around Jeju-si, who was under the influence of alcohol on the road prior to B; (b) took a bath to return home from the police officer C of the Jeju Local Police Agency that was dispatched after receiving the report, without any justifiable reason, and obstructed the Defendant’s lawful execution of duties concerning the maintenance of order in D and the control of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant legal provisions concerning facts constituting a crime and the choice of punishment: Article 136 (1) of the Criminal Act; Selection of a fine;

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

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334(1) or more of the Criminal Procedure Act;

Conditions favorable to the reasons for sentencing: Where the degree of assault is minor, it has no previous record of the same kind;