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(영문) 창원지방법원 2019.03.06 2018고단3647

공무집행방해

Text

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

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

Reasons

Punishment of the crime

At around 02:50 on December 14, 2018, the Defendant: (a) expressed that he would not speak against E in the circumstances of the D Zone at the Kim Sea Police Station D District, which was called to listen to the circumstances of the instant case, on the ground that he received a daily report from the Defendant due to the drinking-price problem; (b) she was aware that he would not speak from F belonging to the same district; and (c) she was assaulted at the time of the F’s cump with a bad hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Application of Acts and subordinate statutes concerning details of handling 112 reported cases;

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. Under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment is determined as ordered by taking full account of the following circumstances: the Defendant’s age, character and conduct, the contents of the Defendant’s violence, the details and circumstances of the instant crime, and the circumstances after the commission of the crime.

There is a need to strictly cope with acts that obstruct the performance of official duties by police officers.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

There is no record of criminal punishment as well as punishment by a fine for another type of crime.