(영문) 제주지방법원 2017.02.03 2016고단2907

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(영문) 제주지방법원 2017.02.03 2016고단2907

공무집행방해

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

On December 1, 2016, the Defendant: (a) around C restaurant located in Seopopopo City B on December 1, 2016; and (b) around C restaurant in Seopopo City B upon receiving a report, and confirmed the details of the report from the person who reported the D District Guard E in Seopo City Police Station, and (c) the Defendant sent the report to the said E.

Having taken a bribe; or

"Abrutous, such as "", the defendant's ship 4 times tightly pushed off the E, off the son worn by E, off the son's knife, and knife the knife with E.

As a result, the defendant interfered with legitimate execution of duties concerning the handling of a report by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the 112 Report List, etc.);

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: (a) the facts of the crime are recognized and the facts of the crime are returned; (b) there are no criminal records that have been sentenced to punishment exceeding the same kind of criminal records and fines; (c) there are no criminal records since 2004; and (d) the degree of the exercise of tangible power is not severe: (a) the disregarding public authority by exercising tangible power against police officers on official duty without any reason; and (b) the poor nature of the crime is determined as per Disposition on the grounds that the motive and circumstances of the crime, circumstances after the crime, the defendant's occupation, age

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제136조 제1항

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