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(영문) 제주지방법원 2016.10.06 2016고단1155
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

The Defendant, around 03:05 on May 13, 2016, performed a different kind of behavior from E while drinking alcohol together with D convenience points in Jeju Island, with E, around D convenience points in Jeju Island.

An identification card was requested to be presented from G to the Jeju East Police Station G in charge of the F District of the Seoul East Police Station, which was called out upon the report of the owner of the convenience store due to the damage of the air conditioner outside the above convenience store.

Accordingly, the Defendant expressed to the above G “I cannot speak. I cannot see this narrow brub,” and assaulted the face part of Earro by taking one time.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the 112 Report Handling.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A H statement;

1. Application of Acts and subordinate statutes to criminal investigation reports and investigation reports ( listening to telephone statements and recording reports by victim police officers);

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. In light of the following: (a) the Defendant committed the instant crime by assaulting the face of the victimized police officer for sentencing under Article 334(1) of the Criminal Procedure Act; (b) there is a need to strictly punish the Defendant with respect to the crime of obstruction of public authority, such as obstruction of official duties, in order to establish the State’s legal order and eradicate the light of the public authority; (c) the Defendant has been sentenced to imprisonment with prison labor on one occasion for violent crimes; and (d) the Defendant has been subject to suspension of the execution of imprisonment with prison labor or a fine on one occasion for more than four occasions.

However, the defendant recognized the crime of this case, and the criminal records of imprisonment due to the above violence are not less than 10 years, and there is no record that the defendant was punished for the same crime, the sentencing precedent in similar cases, the age, character and conduct, the environment of the defendant, the circumstances leading to the crime of this case, and other circumstances after the crime.

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