(영문) 제주지방법원 2017.02.10 2016고단2837

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(영문) 제주지방법원 2017.02.10 2016고단2837

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 25, 2016, the Defendant was under the influence of alcohol in front of C on the street in Jeju Island on November 25, 2016, and “I am under the influence of alcohol”, “I am under the influence of alcohol on the road” from the slope E of the Police Station of the Jeju East Police Station, the Defendant called “I am under the influence of the house, I am from E” and “I am under the influence of the house, after I am under the influence of alcohol.”

In order to re-examine the question to this effect, " how we will see it," "I am fat," and "I am fat, I am bat," and fat off E bat, and fatd twice.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of E on the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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 fact that all facts of crime are recognized and considered to be committed, the fact that the parents of the defendant are leading and protecting the defendant, etc., and the fact that the relationship with the family is smooth, and that the defendant's parents are the first offender without a previous record: The fact that the police officer who seeks to help the defendant was obstructed the performance of official duties by exercising force to the extent that it is in violation of public authority, and is basically poor in the aspect of an act disregarding public authority. It is so decided as per Disposition on the grounds that the motive and circumstance of the crime, circumstances after the crime, the defendant's occupation (the age of the juvenile under the Juvenile Act was attained and is scheduled to enter university on March 2016),

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제136조 제1항

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