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(영문) 창원지방법원 2017.09.27 2017고단2269

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

Criminal facts

On June 4, 2017, 01:14, the Defendant was under the influence of alcohol in front of the Sungsan-si, Sungwon-si, Sungwon-si, and was called to the police box affiliated with the police box affiliated with the police station of the Changwon-gu, Changwon-si, after receiving a report 112, and went back to the vehicle patrol to have the Defendant return home, and went back to the nearby residence of the Defendant.

위 E이 창원시 성산구 F 앞 노상에서 피고인을 내려 주고 정확한 주거지의 위치를 묻자, 피고 인은 위 E에게 “ 니가 대빵이 가, 니 똘마니는 필요 없고 나랑 한판하자, 개새끼들 아, 씨 발 놈들, 존나 귀찮게 하네, 니 맘대로 해 봐라, 이 새끼야 ”라고 욕설을 하며 위 E의 멱살을 잡고 가슴을 2~3 회 밀쳤다.

According to the above E, the Defendant continued to escape himself/herself, he/she committed assault, such as cutting down his/her son and her chests one time with his/her fingers, cutting down his/her neck and chests, cutting over the booms of the patrol vehicle with his/her hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and G;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the defendant, include the following: (a) the Defendant’s mistake in depth and reflects his fault; (b) there are some circumstances to consider the motive and circumstance leading to the instant crime; and (c) the Defendant has no special criminal history other than that subjected to a fine once.

On the other hand, the obstruction of the performance of official duties not only undermines the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is related to the excessive restriction of the safety of the general public.

In addition, the means and results of the instant crime, the circumstances after the crime, the age, and the sex of the defendant.