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(영문) 제주지방법원 2017.11.28 2017고단2461
공무집행방해
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 14, 2017, at around 20:57, the Defendant, at the main point of “C” located in Seopopopo City B, who was reported to the effect that he was destroying the table table inside the main point, and that E, who was called up after having received a report of 112 that he was destroying the table table within the main point, obstructed the police officer’s legitimate execution of duties concerning the prevention, suppression, and investigation of the crime by assaulting the police officer, such as smuggling’s chest with the defect that he tried to restrain the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement;

1. Photographs materials of damaged police officers;

1. Application of the Acts and subordinate statutes to investigation reports (the attachment of cellphone photographs and video images on the site of suspect acts);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has the record of being punished as an assault crime, and the instant crime, which emphasizes public authority, requires strict punishment.

However, under favorable circumstances, such as the fact that the defendant recognized and reflected the crime, and that there was an agreement with the police officer who was assaulted, the circumstances and degree of exercising force against the police officer of this case, the defendant's age, sexual conduct, environment, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime.

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