(영문) 제주지방법원 2016.12.16 2016고단2057

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(영문) 제주지방법원 2016.12.16 2016고단2057

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around 02:45 on August 14, 2016, the Defendant was drinking alcohol at “Cran bar” in Jeju Island B, and became an issue of calculating the drinking value. In the process of confirming the Defendant’s personal information, the head of the Jeju Police Station affiliated with the Jeju Police Station, who was called upon upon the report of the foregoing head of the shop, discovered that the Defendant failed to pay a fine, thereby notifying the Defendant of the fact of distribution, and attempted to arrest the Defendant, and the Defendant, while under the influence of alcohol, abused the said D at one time, and obstructed the Defendant’s lawful execution of duties concerning the arrest of the times of the above D’s face by assaulting the said D at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Reporting on fines, unclaimed charges, arrest of prisoners;

1. Application of Acts and subordinate statutes to photographs damaged;

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. Detention at 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 facts of the crime are recognized and discussed; the same does not apply to the previous criminal records, and the criminal records do not have any criminal records exceeding the fine, in addition to the three-time fine punishment for traffic-related crimes; the degree of damage by the damaged police officers seems not to be serious; the fact that the police officers are under the influence of alcohol, without any reason, exercise of force against the police officers on the ground that they were under the influence of alcohol, etc.; and other poor circumstances such as exercising force against the police officers on duty without any reason. It is so decided as per Disposition by the assent of all participating Justices

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