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(영문) 창원지방법원 2019.10.11 2019고단2112

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

Criminal facts

Around 02:55 on June 30, 2019, the Defendant: (a) at the parking lot of the Kimhae-si Building B, “A person under the influence of alcohol takes a sound; (b)” received a report from 112, and sent to the head of the police station affiliated with the Defendant, such as the slope C, which belongs to the Kimhae-si Police Station, and called “I have come to fall, and I have come to fall,” and (c) expressed a desire to “Chewing” by the police officer who was solicited to return home from the above police officer, the Defendant sent the above C’s chest her hand one pushed back on his hand, and attempted to write the body body of the D as a hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported duties due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement about D and C;

1. Application of Acts and subordinate statutes to a report on investigation (verification of witnesses during the arrest process);

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. In order to protect the legitimate function of the country for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1), and to establish a sound social order, strict punishment is required for the obstruction of performance of official duties.

However, considering the fact that the defendant recognized the crime of this case, there is no same criminal record, and there is no record of punishment heavier than the fine, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, the punishment as ordered shall be determined by comprehensively taking into account various sentencing factors in the trial process of this case.