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(영문) 제주지방법원 2017.04.19 2016고단2908
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

On November 28, 2016, the Defendant demanded that the Defendant return home from the slope E belonging to the Jeju Seopo Police Station D District F of the Jeju Seopo Police Station called to the site after receiving a report from 112 from the time he was under the influence of alcohol in front of C convenience stores located in Seopopo City B, Seopopo City on November 28, 2016, “I am, Is democracy;

In doing so, E and F are pushed down several times, and “I do not am h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. h. m. on the road, with a large size of “I are inside the house, I do not h. h. h. h. h. h. h. h. h. g. on the road, I collected sloter who was reported on the road, and collected soil and gravel on the road,

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes prepared by E and F;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Where an act of assault or intimidation is committed against multiple public officials who perform the same duties as commercial concurrence, the crime of obstructing the performance of multiple official duties is established according to the number of public officials who perform official duties. Where such assault or intimidation was committed in the same opportunity at the same place, and is assessed as one act in light of social norms, the crime of obstructing the performance of multiple official duties is in a commercial concurrence relationship (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009). Articles 40 and 50 of the Criminal Act

1. Selection of an alternative fine for punishment;

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

1. The degree of assault against police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the recognition of and reflects on the criminal facts, the fact that there is no other criminal record other than the punishment of a fine once due to a violation of the Building Act in 1999, and the motive and circumstance of the instant crime and the circumstances after the instant crime are considered, and the punishment is determined as per Disposition.

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