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(영문) 제주지방법원 2015.10.22 2015고단960
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

around 23:30 on June 29, 2015, the Defendant, at a point of 100 meters on the part of the “C” letter in Jeju City, and at a point of 100 meters on the part of the “C”, the Defendant, upon receipt of a report, asked E to return home from the circumstances of the Jeju East Police Station: (a) who was called “I ambling, I ambling, I ambling, I ambling,” and assaulted E with both hand, “I ambling, I ambling, I ambling.”

Accordingly, the Defendant interfered with legitimate execution of duties concerning crime prevention and suppression of E, who is a police officer, who wear police uniforms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts 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. Although the nature of the instant crime that interferes with the legitimate execution of duties by police officers for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not be exceptionally applied to the crime of this case, the fact that the Defendant recognized the crime of this case and reflects the mistake thereof, the primary crime, the fact that the degree of tangible power exercised is relatively minor compared to other matters, and other matters, such as the Defendant’s age, character and conduct, environment, and circumstances of the crime, etc., a fine shall be selected and the punishment as the order shall be determined.

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