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(영문) 제주지방법원 2017.02.01 2016고단2754
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 01:50 on December 4, 2016, the Defendant: (a) at the Defendant’s house located in Seopopopo City C; (b) “The head of his father, who was reported to the effect that he was his father, she was frighted to visit from E and her slopeF, and the head of the Seopopo Police Station D police box called by his father, who was demanded to stop and file a petition for an act threatening his family, such as provokinging from E and her slopeF.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of duties concerning 112 reporting operations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of the Acts and subordinate statutes governing the G production;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. A favorable circumstance for sentencing under Article 334(1) of the Criminal Procedure Act, taking into account the following circumstances as the reasons for sentencing: Recognizing the facts of crime and reflecting it: The degree of the exercise of violence against police officers is relatively not serious; there is no record of criminal punishment due to the obstruction of the performance of official duties; the fact that the police officers who suffered damage after the closure of pleadings have deposited KRW 300,000 as a person who was sent to the police officers under domestic violence: The fact that it is not good that the crime has been committed by violence; the fact that there is a record of criminal punishment four times for violent crimes; the method and degree of the exercise of violence against police officers; the degree of interference with official duties; the age of the defendant; the sex and the environment, etc.;

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