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(영문) 제주지방법원 2016.11.16 2016고단2002
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

Around 00:53 on August 19, 2016, the Defendant sent a call after having received 112 report to the effect that “spawn,” and sent it to E, who belongs to the police box of the Jeju East Police Station, which prevents the Defendant from fighting between the Defendant and the Defendant’s next boxes, “spawn,” and the Defendant sounded “spawn” on two occasions by hand, the chest part of the above E, which was spawn down, and brued by the Defendant and the Defendant’s next boxes, and the Defendant brudddddd the chest part of the above E, which read “this spawn, spawn, and spawn spawn,” and the Defendant brudddd it by hand, in accordance with the above E, “A spawn and spawn.”

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order: The fact that it is favorable to determine the punishment as ordered by the order, considering the following circumstances: The fact that it is recognized that the crime is committed, and the fact that there is no record of criminal punishment due to the crime of obstruction of performance of official duties: The fact that it is not good that the police officers in uniform called upon receiving 112 report have used violence, and that there is evidence of criminal punishment twice for violent crime: Method and degree of exercising violence against police officers, age, character and conduct, environment, etc. of the defendant;

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