(영문) 제주지방법원 2016.09.01 2016고단1056

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(영문) 제주지방법원 2016.09.01 2016고단1056

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 03:42 on April 16, 2016, the Defendant argued that he was able to take a bath at the Defendant’s residence, and was fluorted with the drinking house located in the ward, which was drunk at the Defendant’s residence. The Defendant obstructed the police officer’s legitimate performance of duties regarding the mobilization and investigation by the police officer’s 112 report by assaulting the police officer, by viewing the circumstances of the instant case from C and taking measures to separate the C and the Defendant upon receiving a report 112.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on investigation;

1. Application of statutes on site photographs;

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. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime by assaulting the police officer’s breath with 112 report of domestic violence, by sculing breath, etc., and committing the instant crime. In light of the fact that the nature of the relevant crime is inferior, and that there is a need to strictly punish the Defendant with regard to the crime of obstruction of performance of official duties, such as obstruction of national law and order, in order to eradicate the light of public power.

However, a punishment as ordered shall be determined by taking into account the following factors: (a) the Defendant has led to the instant crime; (b) the Defendant has not been punished twice by a fine for the instant crime before the instant crime was committed; (c) the sentencing examples in similar cases; (d) the Defendant’s age, character and conduct, environment; (e) the background leading to the instant crime; (e) circumstances after the instant crime was committed; and (e) other various sentencing conditions as shown in the records

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