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(영문) 창원지방법원 2015.01.09 2014고단2836

공무집행방해등

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

1. Around 20:45 on September 21, 2014, the Defendant insultd the victim openly by taking care of the following: (a) while investigating the circumstances of the instant case by the background D, the victim belonging to the G Zone C District of the Kimhae Police Station, who was called by the Defendant after receiving a report of assaulting a female on the part of the Defendant on the part of the Guro-gu Kimhae-ro 44, Kimhae-si, Kimhae-si, Kimhae-si; and (b) on the part of several people, the said victim was able to take care of.

2. At around 20:50 on the same day, the Defendant: (a) arrested the Defendant as a flagrant offender with respect to the suspicion of insult; (b) took the patrol vehicle inside the patrol vehicle while getting out of the vehicle carrying the patrol vehicle; and (c) took the face face of the above E one time, and obstructed the police officer’s legitimate performance of duties concerning the police officer’s arrest of flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act No. 1 to 4, 6, and 7 of the evidence list submitted by the prosecutor

1. Relevant legal provisions concerning the crime concerned (Article 136(1) of the Criminal Act) and the point of insult (Article 31 of the Criminal Act);

1. Selection of each of the selective fines for punishment (i.e., a confession and seriously reflects his/her fault, and considering the fact that no other criminal records exist except for a fine imposed three times for a crime related to the Road Traffic Act until now);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;