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(영문) 창원지방법원 2016.06.03 2016고단670

특수공무집행방해등

Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 600,000 won.

However, the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Minor Offenses Act: (a) on February 14, 2016, at the police box of the Jinhae Police Station D, which was located in C at Chang-si, who was in C around February 14, 2016, did not pay 260,000 won of the singing room.

In other words, it was difficult to avoid disturbance while shamping the suspect by shruning him, without returning the complaint that is referred to the trial in a pre-trial manner, without returning home.

2. The Defendant obstructed the performance of special official duties at the time and place specified in Paragraph 1, and arrested him as a current offender by the security guard E, while keeping the disturbance at the place, and committing assault, such as gathering the victim’s face by 1m in height, which is a dangerous and sealed article, by hand, in one hand.

Accordingly, the defendant carried dangerous objects and interfered with the legitimate execution of official duties concerning the handling of 112 reports by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes, such as a notice of attendance at the trial site, namely, the attachment of photographs;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of special official duties, the point of obstructing the performance of punishment, and the choice of imprisonment) concerning the crime, and Article 144 (1) of the Criminal Act (the point of obstructing the performance of special official duties, the selection of punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the punishment of concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following circumstances shall be considered in favor of the reasons for sentencing):

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act [favorable circumstances] / [The reason for sentencing of the defendant under Article 334(1) of the Criminal Procedure Act / [The circumstances favorable] that the defendant has no criminal record of suspended execution or more, the defendant reflects the defendant's wrong, and the damaged police officer calls for the victim