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(영문) 제주지방법원 2015.09.02 2015고단806
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 16:30 on March 30, 2015, the Defendant, who was a Chinese national foreigner, was waiting to board a passenger ship of Sungpo-si, Sungpo-si, Sungpo-si, Sungpo-si, Sungpo-si, Incheon-si, in order to get on board the passenger ship of 130-21, in front of the opening opening site for the general passenger contact search center for foreigners at the Sungpo-si, Sungpo-si, Incheon-si, and the Defendant, who is a public official of the Ministry of Justice, will be able to wait for dys and people, and this will not be dys and dys. The Defendant, upon hearing a claim from the above C that “I will wait for young fys, I will not have the head of the Sinpo-do, the head of the Sinpo-si, and will not have a dys and hys.”

Accordingly, the defendant interfered with the legitimate execution of duties by public officials on immigration control of foreigners.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes to report on investigation (to listen to statements by the head of the E companyF telephone);

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 circumstances that are favorable to the determination of punishment as ordered by the order, considering the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The fact of crime is recognized and reflected; the fact that there is no record of criminal punishment in the Republic of Korea; the fact that there is no record of criminal punishment in the Republic of Korea is not good to be a crime committed by disregarding public authority by exercising violence; and other factors: the motive and circumstance leading to the crime in this case; the circumstances before and after the crime, the defendant's age, character and conduct

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