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(영문) 제주지방법원 2014.07.23 2014고정475
공무집행방해등
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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 00:10 on March 9, 2014, the Defendant: (a) received a report that “not giving any guidance without paying the drinking value” from D dan in Jeju Island; and (b) served as a slopeF belonging to the Dong-dong Police Station Eaccom, the victim called the Defendant, who was sent to the Defendant, on the receipt of the report that “I will pay the drinking value”; (c) served the Defendant with a complaint that “I will pay the drinking value; and (d) display a drinking to the Defendant; and (d) “I will come to the police family members of the Republic of Korea, I will come to look back, and I will come to look back at several times of the police family members of the victim’s left chest.”

As such, the Defendant, by exercising force, interfered with the legitimate performance of police officers’ duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement to F;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On April 6, 2014, the Defendant: (a) around 01:40 on Jeju Island, after drinking alcohol equivalent to KRW 3.50,00 from the main point operated by the victim H (n, 54 years of age) in G; (b) requested the victim to calculate the amount of KRW 80,000; and (c) assaulted the victim’s face one time by taking care of the victim’s defect and her hand.

2. The above facts charged are crimes falling under Article 260 (1) of the Criminal Act, which cannot be prosecuted against the victim's express intent under Article 260 (3) of the Criminal Act. According to the records, the victim H has withdrawn his/her wish to punish the defendant after the prosecution of this case. Thus, this part of the indictment is dismissed in accordance with Article 327 (6) of the Criminal Procedure Act.

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