(영문) 제주지방법원 2016.10.06 2015고단1770

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(영문) 제주지방법원 2016.10.06 2015고단1770

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, 2015, at around 23:00, the Defendant reported 112 on the ground that he was drunkly driven at the “EM store” for the operation of D in Seopo-si C, Seopopo-si, Seopo-si, and solicited the Defendant to return home on several occasions after having the Defendant go out of the above main point. However, the Defendant interfered with the police officer’s legitimate performance of official duties concerning the handling of the 112 reported case, such as having the Defendant go out of the above main point.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Written statements of D;

1. Application of the G Act and subordinate statutes;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, in light of the fact that the Defendant committed the instant crime by directly assaulting the body of the victimized police officer, and that there is a need to strictly punish the Defendant with respect to the crime against public authority, such as obstruction of the performance of official duties, in order to establish a national legal order and eradicate the light of public power, etc., it is necessary to strictly punish the Defendant.

However, the fact that the defendant is led to the crime of this case, the degree of assault committed by the defendant against the victimized police officer does not seem to be serious, the defendant has been sentenced to the suspension of the execution of imprisonment for a crime of violence and the punishment of fines on three occasions, but all of them have been 19 years ago, and there is no record that the defendant has been punished for the same crime, and the punishment shall be determined as ordered by taking into account the sentencing example in similar cases, the age, character and conduct, environment, circumstances after the crime, and other various sentencing conditions shown in the records and arguments of this case.

참조조문

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