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(영문) 창원지방법원 밀양지원 2015.07.23 2015고정131

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

Defendant

A is an unqualified person.

At around 01:30 on January 25, 2015, the Defendant interfered with the legitimate performance of public duties by the above police officers in handling the 112 reported case, including the following: (a) the Defendant sent the door door of 102 110 dong 110 dong 10 to the site after receiving 112 report that he was under the influence of alcohol; and (b) D and E were removed from the process of performing the duties of the Staking Police Station for the Staking Police Station sent to the site; and (c) the Defendant took a bath for both hand, and interfered with the Defendant’s legitimate performance of public duties in handling the 112 reported case.

Summary of Evidence

1. Partial statement of the defendant;

1. The application of laws and subordinate statutes to police statements made by F, D, and E [In full view of all the circumstances, including the background leading to the instant crime, the motive, method, and circumstances after the instant crime, the Defendant’s instant crime cannot be deemed as being permissible under social norms, and thus, it cannot be deemed that the illegality of, or the responsibility for, the instant crime is excluded]

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;