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(영문) 창원지방법원 마산지원 2020.03.24 2019고단983

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On September 14, 2019, at around 22:13, the Defendant heard the phrase “C” in front of a singing room, and “Sari-do shall stop the vehicle at the site,” and “Sari-do shall, upon receiving a 112 report, use the word “Sari-gu outside the road, because it is dangerous because it is out of the road,” the Defendant assaulted the above E on one occasion the chest part of “Yari-gu, Mari-gu, Lari-gu, Lari-gu, Lari-gu, Wari-gu, Wari-gu, Wari-gu, Wari-do, Lari-gu, Wari-do, Lari-do, Lari-do, Lari-do, Lari-

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a investigative report (to attach field images to a police officer scam campaign site);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not be applied by selecting fines.

3. The Defendant: (a) expressed a desire to the police officer; and (b) assaulting the chest on one occasion; and (c) obstructed the performance of official duties.

However, the type used by the defendant is relatively weak.

The damaged police officer did not have any injury.

After the prosecution, the police officer does not want to punish the defendant by mutual consent with the damaged police officer.

The defendant shall not be subject to the previous penalty and imprisonment.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.