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(영문) 제주지방법원 2014.06.03 2014고정369

공무집행방해

Text

Defendants shall be punished by a fine of KRW 2,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On December 14, 2013, at around 22:13, the Defendants, on the road in front of the “use fisheries co-ordined,” which was located in the 2nd head office in Jeju-si. On the other hand, the Defendants tried to use violence against employees in the name of the Defendants, who were in fighting with employees of the same company, and who were fighting with employees.

The police officers belonging to the Jeju Western Police Station C Zone Group of the Police Station of this State were Defendant A, and Defendant A took the bath of “B, I am flick, I am flick, I am flick,” and Defendant B am flicker who was arrested D and police officer slope E as a flagrant offender, and arrested Defendant B as a police officer, and amflicked E in the process, thereby obstructing the Defendants’ legitimate execution of duties by police officers in relation to crime prevention and arrest of flagrant offender, and at the same time, Defendant B suffered injury, such as damage to the head part of the flick part where the number of treatment days cannot be known to the victims E.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to replys;

1. Relevant legal provisions concerning criminal facts: Article 136 (1) of the Criminal Act (the point of obstructing performance of official duties by the defendants), and Article 257 (1) of the Criminal Act (the point of injuring the defendant B);

1. Commercial concurrence (Defendant B): Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

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

1. A provisional payment order: A sentence shall be determined as ordered in consideration of all the following circumstances in the sentencing of Article 334(1) of the Criminal Procedure Act, taking into account all the reasons for the sentencing of Article 334(1) of the Criminal Procedure Act: The fact that the facts of the crime are recognized and seriously reflected, the degree of injury is minor (B), and the first offender without previous conviction (the defendants) is determined as per the disposition for the above reasons.