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(영문) 창원지방법원 마산지원 2018.10.16 2018고단832

공무집행방해

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

Criminal facts

On July 21, 2018, the Defendant, at the underground parking lot of the apartment complex B in Masan-si, Changwon-si, Changwon-si on July 21, 2018, and the Defendant, upon receiving a 112 report from a taxi engineer, recommended him to return home from D arising from the circumstances belonging to the C District of the Masan Police Station in the Msan-si, the Masan-si, the Masan-si, the Masan-si, the Masan-si, the Masan-si, the Masan-dong, the Defendant:

Before taking a bath, she was able to sit on the back seat of the taxi and walked twice the chest part of D on the blue of the taxi and pushed off the blue part of D from the taxi and pushed down the blue part on two occasions, and pushed down the blue part and chest in the blue part.

As a result, the defendant assaulted police officers, thereby hindering them from performing their legitimate duties on the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of statutes on site photographs;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the order of provisional payment is based on three times, although a police officer subject to the assault expresses his/her intent that he/she does not want the punishment against the defendant, the degree of interference with official duties due to the crime in the judgment is relatively heavy, the defendant is led to confession and reflect, the defendant has no criminal record of being subject to the suspension of qualification or a crime of interference with official duties or of similar crimes (e.g., the crime of damage to public goods), and there is no record of committing a crime of interference with the execution of official duties or of similar crimes (e., the crime of damage to public goods).