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(영문) 제주지방법원 2013.06.21 2013고정438
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 20, 2012, the Defendant, while under the influence of alcohol, found in the Jeju Western Police Station B police box on December 20, 2012, and performed a serious bath to the police officer assistant C working there, and “a request to send them to a prison,” and assaulting the police officer C’s chest part on several occasions, thereby obstructing the police officer’s legitimate performance of duties concerning his/her situation service.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

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 and 69 (2) of the Criminal Act;

1. A provisional payment order: A punishment shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The favorable circumstances: the time of committing a crime; the degree of violence is not serious; and the mental health condition of the defendant seems to have an adverse effect on the crime of the same kind of crime: The obstruction of performance of official duties on August 13, 2007; the obstruction of performance of official duties on November 3, 201; the obstruction of execution of a fine of 1.5 million won on November 3, 201; and the fact that there are many criminal records including a large number of criminal records, including the defendant's health condition (class 6), economic conditions (basic recipients) and other reasons. It is so decided as per Disposition as per Disposition.

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