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(영문) 제주지방법원 2016.11.16 2016고단2027

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

At around 16:00 on September 16, 2016, the Defendant, upon receiving a report from the police officer C belonging to the Seocho Police Station B police box called “I am out of her horse, she must return to her horse,” and expressed that “I am out of her horse, she shall return to her horse with the police officer C to her horse,” and obstructed the police officer’s legitimate performance of official duties concerning the maintenance of road traffic order by assaulting the police officer, such as cutting down the police gear, cutting down the her left door, tearing the tear, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to the written statement of witness;

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. Circumstances that are favorable to the determination of punishment as ordered in consideration of the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that it is recognized that the crime is committed, the fact that there is no record of criminal punishment due to the obstruction of performance of official duties, and disadvantageous circumstances that there is no record of criminal punishment due to the obstruction of performance of official duties: The crime is not appropriate to be committed by a police officer called out after receiving a report, the fact that there is a record of criminal punishment four times for violent crimes, and other cases: the background of the crime in this case, the method