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(영문) 제주지방법원 2016.03.16 2016고단46
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 December 31, 2015, the Defendant reported that he interfered with the business in the “C Baran” located in Seopopo City B at Seopopopo City B on December 31, 2015, and requested the Defendant to return home, and the slope E belonging to the Jeju Seopo Police Station D Dopane, which called the Defendant, the Defendant was dissatisfied with this request, and the Defendant “Woo bitch bitch, Chewing, spacks” to the said E.

In addition, while carrying out a serious bath, such as "the same flag", it has sealed the shoulder of E in drinking and threatened as it continues to be drinking.

As a result, the Defendant interfered with the legitimate execution of duties of police officials concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement prepared by the F;

1. Application of Acts and subordinate statutes concerning the details of G production;

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. In light of the following circumstances, the reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order for provisional payment order: Recognizing the facts of the crime and the violation of the sentence: The degree of exercise of force against the police officer is not relatively serious; disadvantageous circumstances that there is no record of criminal punishment due to the obstruction of the performance of official duties: (a) assaulting the police officer called out upon receiving a report and being dispatched on 112; (b) there is no record of criminal punishment for committing violent crimes four times; and (c) other records of being subject to criminal punishment for committing violent crimes: The background of the crime in this case; (d) circumstances before and after the crime in this case; (e) the defendant’s age, sexual behavior, environment, etc.

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