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(영문) 제주지방법원 2016.06.17 2016고단598
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The defendant, after boarding a private taxi in C, refused to pay the taxi charges, was caused by a taxi engineer to the D Zone.

around 02:05 on April 7, 2016, the Defendant: (a) obstructed the police officers’ legitimate performance of official duties on night duty by assaulting police officers, such as: (b) coming to the back seat of the front seat of the police officer E belonging to the said district unit, who was asked questions as to whether the expenses can be paid; (c) coming to E, coming to the front seat of the lower seat of the said district unit; (d) coming into the district unit at the request of E; and (d) going to go to the meeting room, and (e) going to go to the police officers on duty while on duty; and (e) obstructing the maintenance of order and the performance of official duties by the police officers on night duty.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared by E and F;

1. Application of related Acts and subordinate statutes to photographs;

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: In light of the grounds for sentencing of Article 334(1) of the Criminal Procedure Act, it is reasonable to select and punish the defendant as a fine.

The sentence shall be determined as such as the order.

The favorable circumstances: The fact that all facts of the crime are recognized and considered to have been committed, the fact that the injured police officer was tryed to repent his mistake and to recover damage, such as the fact that the injured police officer was dead, etc., and that there was no previous conviction exceeding the fine, and that there was no previous conviction except for the suspension of indictment once after 200: there was a bad face of crime in terms of disregarding public authority due to the highly dangerous act, such as trying to keep himself or herself in mind after 200: The motive and circumstance of the crime, circumstances after the crime, the defendant's occupation, age, family relationship.

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