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(영문) 제주지방법원 2016.06.16 2016고단484
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

At around 01:15 on March 8, 2016, the Defendant: (a) sent a disturbance to “C” singing practice room located in Seopo-si B, Seopo-si; (b) the Defendant, upon receiving a report from 112, proposed the Defendant to return home to the Defendant by the police official belonging to the Jeju Seopo-si Police Station D District; and (c) the Defendant expressed that the Defendant “Ihh,” “Ih,” “Ip, Ip, fri, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith, frith,

Accordingly, the defendant assaulted the above police officer and interfered with his legitimate execution of duties concerning the handling of the report and the maintenance of public order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (in the case of dispatch status, etc. to the site), investigation report (in the case of black images, etc.);

1. Application of each statute on photographs;

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 of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant should severely punish the defendant for committing an offense that undermines the function of the State by abusing a legitimate exercise of public authority by assaulting a police officer who performs legitimate duties. However, the fact that the defendant led to the crime of this case, led to the confession of the crime of this case, his mistake is divided in depth, and that the extent of assaulting the victimized police officer is very serious.

In light of the fact that the Defendant did not appear to have any record of committing the instant crime, the Defendant was the first offender who had no record of committing the instant crime, and the Defendant’s age, sex, environment, circumstances after committing the instant crime, and other various sentencing conditions specified in the record and arguments, such as the text of the instant punishment.

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