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(영문) 제주지방법원 2017.02.10 2016고단2693

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On November 22, 2016, the Defendant 22:40 around Jeju-si, the Defendant was under the influence of alcohol on the front side of D in Jeju-si, Jeju-si, Jeju-dong Police Station E District Assistant F, which was under the patrol, discovered the Defendant and guide him to the safe delivery. “Peine” to F

A. The term "Jambling," "Chobe," and assaulted by hand F's bombling, such as booming, by hand.

Accordingly, the suspect interfered with the legitimate execution of duties of police officers on the maintenance of public peace and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to the investigation report;

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. Attraction of 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 considered to have been committed, and there is no previous conviction except for the punishment for a long time, and the degree of damage to police officers who suffered damage is not serious. It is disadvantageous to the fact that police officers who want to help the defendant want to wear a ship: The crime is basically poor in that they interfere with the performance of official duties by exercising force against police officers who want to help the defendant, and they are acts disregarding public power. It is so decided as per Disposition on the grounds that the result of the punishment in this case may affect the defendant's occupation or status, the motive and background of the crime in this case, circumstances after the crime was committed, the defendant's occupation, age, and family relations are more likely to affect the defendant's occupation or status.