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(영문) 창원지방법원 통영지원 2019.05.16 2018고단1253

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, around 16:45 on September 21, 2018, read “C cafeteria” and read a pedago by drinking “C cafeteria” at a c cafeteria B.

“A” under the circumstances where E was called up after receiving the 112 report, the head of the Dong-gu Police Station D Zone E was a threat to enjoying both arms and drinking, when he was aware of the Defendant and recommended him to return home.

Accordingly, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers on 112 reporting processing and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Application of Acts and subordinate statutes to report internal investigation (ix of images and photographs);

1. Relevant Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties) and the selection of fines

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the criminal liability for the instant crime committed by the Defendant, who had multiple criminal records of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, committed an assault against a police officer during the period of probation, the degree of assault against a police officer does not seem to be severe, the police officer’s expression of his/her intention not to punish the Defendant, degree, absence of the same criminal history, time and reflects the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., and other factors of sentencing under Article 51 of the Criminal Act, such as the circumstances after the crime, shall be determined as ordered by the order.