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(영문) 창원지방법원 2020.01.22 2019고단3540

공무집행방해

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 9, 2019, the Defendant: (a) around 01:43, at the singing point located on the first floor of the window B at Changwon-si, and (b) the Defendant, upon receiving a report from 112, filed a motion for disturbance without calculating the drinking value; (c) while the circumstances leading up to E belonging to the Changwon Police Station D Zone D, which was called out by the Defendant, and the horse F, requested the Defendant to return home to the Defendant, G, who is the Defendant’s driver, broken off the alcohol on the tables.

Therefore, the above police officer F attempted to issue a penalty Stick to the above G in violation of the Punishment of Minor Offenses Act, the defendant was sealed with the chest of the above F in his hand, and the above police officer E who prevented the defendant was dismissed.

As a result, the Defendant interfered with police officers' legitimate performance of official duties on the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against F and H;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Strict countermeasures are required against acts that obstruct the performance of official duties by police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

Defendant has no record of punishment for the same kind of crime.

In addition, the punishment shall be determined as per Disposition by comprehensively taking into account the defendant's age, character and conduct, the details and circumstances of the crime in this case, and the circumstances after the crime.