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(영문) 제주지방법원 2017.04.27 2016고단2498
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around August 2, 2016, the Defendant was assaulted by the Defendant at his residence 103 at Jeju-si, 16:58, on August 2, 2016, at the dwelling site of the Defendant, his father, and at the Defendant’s domestic violence 112 reported by his father, 2 police officers, etc., of the Jeju-gu Police Station D District Police Station, who called the Defendant at the site, and responded to this, and the Defendant raised an objection, and “I am out, I am out, I am, I am out, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, and I am.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. Application of the Acts and subordinate statutes governing the criminal place

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Scope of Recommendation] Where the scope of mitigation area (i.e., obstruction of performance of official duties or coercion of duties) (i.e., January through August) is minor (i.e., a person with a special mitigation) the degree of violence, intimidation, deceptive scheme, or obstruction of public duties in the area of mitigation area (i.e., a decision of sentencing), the various sentencing conditions as shown in the argument of the instant case should be taken into account in particular, and the following circumstances should be taken into consideration: A favorable normal circumstance: (i) reflects: (ii) the degree of exercise of tangible power; (iii) the degree of exercise of tangible power is minor; and (iv) the degree of contingent crime

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