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(영문) 제주지방법원 2017.02.10 2016고단2852
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On November 8, 2016, 14:07, the Defendant: (a) confirmed that at 50 meters away from the Dong-dong, Dong-dong, Jeju-si, Jeju-si, where traffic control was performed at 50 meters away from the Dong-dong, the Defendant was assigned to C, who was working for the Dong-dong Police Station B, with a fine unpaid during the process of regulating the failure to wear safety belts, and was arrested. The Defendant was instructed to pay the fine from the above C.

Accordingly, the Defendant stated to the above C that “I am salbbbling a bridge, salbling a bridge, and there is no money;

Using the desire of bringing to her, she was assaulted upon the guns, etc., of the said C’s chest parts.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written statements prepared by D;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on the arrest of fines unpaid;

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 (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 all recognized and the facts of the crime are followed; there are no criminal records of the same kind and no punishment is imposed in excess of the fine; the degree of damage suffered by the police officer is serious.

Other grounds that cannot be seen: The judgment is rendered as per Disposition on the grounds that the motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age, family relation (the most likely to support the wife and two minor children) is higher than that of the defendant.

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