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(영문) 제주지방법원 2016.01.20 2015고단1715
공무집행방해등
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

1. On November 20, 2015, at around 20:20, the Defendant, at the entrance of the “Esing practice place” of the Victim D’s “Esing practice place” in Jeju, was accompanied by the Defendant: (a) while being drunk, D was under the influence of alcohol; (b) two articles on the Esing practice place in which D was under the influence of alcohol; (c) two articles on the Esing practice place in which D was under the influence of alcohol; (d) and (e) TV gramcon (15,000 won for repair costs).

Accordingly, the defendant damaged another person's property.

2. On November 20, 2015, the Defendant interfered with the performance of official duties: (a) from the slope G belonging to the F District of the Police Station in the Dong-dong Police Station in Jeju, Dong-dong, Dong-dong, which called the Defendant after receiving a report from the said Singing practice place on November 20, 2015, “if the Defendant is required to attend the police station, he would undergo an investigation; and (b) now, he sees that “I am home,” and “I am off to the G.

“Along with the floor of the two hand, G was tightly pushed up twice the chest of G and assaulted it.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements and related photographs;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant legal provisions and the choice of punishment concerning facts constituting an offense: Article 366 of the Criminal Act and Article 136 (1) of the Criminal Act (the point of hindering the performance of official duties); Selection of each fine;

1. Aggravation of concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

The circumstances favorable to the reason for sentencing: The part concerning the crime of damaging property is not punishable ( November 23, 2015), and the part concerning the crime of obstructing the performance of official duties is relatively easy, and the degree of assault and intimidation is relatively easy.

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