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(영문) 제주지방법원 2015.08.26 2015고단738 (1)
업무방해등
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

C around 15:15 on May 30, 2015, around 15:15, 2015, at the E-cafeteria located in Jeju, four police officers, such as F, etc., working in the Jeju East Police Station, dispatched upon receipt of 112 notification, paid the food value and returned to the police station of the Jeju East Police Station, and assault F’s chest part at one time on his/her hand.

Accordingly, the above F notified that he was arrested C as a flagrant offender of the obstruction of performance of official duties, and the Defendant was assaulted by “Iskn's left hand,” stating that “Isn't see the rest of the wall,” and that F would be a crime of obstruction of performance of official duties if I interfere with the arrest.” The F sent warning that “Isn't interfere with the arrest, I would be a crime of obstruction of official duties.”

Accordingly, the Defendant conspiredd with C to interfere with the legitimate execution of duties by police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to police statements made to F and G;

1. Article 136 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the following circumstances, the sentencing of Article 334(1) of the Criminal Procedure Act, which is advantageous to the determination of the sentence as ordered: The fact that it is recognized as a substitute for the facts of the crime and reflects on it; the fact that police officers’ exercise of tangible power is relatively minor; the fact that there is no record of having been punished for obstruction of performance of official duties: The fact that there is a record of having been punished several times for violent crimes: motive and circumstance leading to the crime of this case; circumstances before and after the crime of this case; the defendant’s age

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