(영문) 제주지방법원 2016.10.06 2016고단1570

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(영문) 제주지방법원 2016.10.06 2016고단1570

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

On June 15, 2016, at around 00:30, the Defendant reported domestic violence to 112 at the Defendant’s residence located in Jeju-si B and the second floor, and the Defendant’s wife reported domestic violence to 112, and the police officer, such as the police officer D, etc. belonging to the Jeju Dong-dong Police Station C District Branch, was dispatched to the said residence.

The Defendant, who divided the Defendant into the Defendant and the wife, took the bath of D, saying D, “D enters the house, and B shall do so,” and assault D with the two hand, by pushing D’s chest part.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the maintenance of order and criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which committed the instant crime by assaulting the victimized police officers’ chests, such as threatening them to commit the instant crime. In order to establish the national legal order and eradicate the light of the public authority, it is necessary to strictly punish the crime against the public authority, such as obstruction of performance of official duties, etc.

However, the fact that the defendant is led to the crime of this case, the degree of assault committed by the defendant against the victimized police officer does not seem to be serious, the defendant has no record of being punished or punished beyond the fine for the same kind of crime, the sentencing precedents in similar cases, the age, character and conduct, environment, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case shall be determined as ordered by the decision.

참조조문

유사 판례

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