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(영문) 창원지방법원 통영지원 2018.02.23 2017고단1736

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 October 8, 2017, the Defendant, at around 03:10, was under influence of alcohol on the street near the 5-lane apartment for the 12-lane of war, 5-lane 12-ro, 112, and was assaulted by the Defendant, i.e., fluencing a drinking drinking, flading a bath for returning home from D and D while serving in the 112-year Police Station C District, and Scencing a bath for returning home from E, as D and E, as D and E are fluencing.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Each investigation report and the application of Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime. Article 136 (Selection of Penalty)

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is an offense that inflicts an injury on the police officers who act as a means of protecting the lives and bodies of citizens, and thus, it is necessary to severely punish the police officers to the extent that there is a risk of undermining the public security power and undermining the safety of citizen life.

However, considering the fact that there is no criminal record against the defendant, the fact that the defendant is both aware of and reflects the defendant's mistake, and the fact that the principal case is a crime that has been contingent while under the influence of alcohol, other than that, considering the character and conduct of family relations peace, the circumstances leading to the principal crime and the subsequent circumstances, etc., the defendant may be sentenced to a punishment if re-offending is conducted, and the punishment is sentenced as ordered.