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(영문) 창원지방법원 2015.04.29 2015고단65

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 1, 2015, at around 19:55, the Defendant: (a) received a 112 report that he was used by a person on the road in Kimhae-si C; (b) sent out to the police officer E who belongs to the D Zone D District of the Kimhae Police Station, the Defendant was sent back to the police officer’s face at his head while taking a bath.

As above, the Defendant assaulted a police officer to interfere with the legitimate execution of official duties concerning a dispatch under 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 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 order of provisional payment is that the crime of obstructing the performance of official duties is likely to undermine the authority of the public authority and disrupt the establishment of legal order, and thus, it is urgently

However, in light of the fact that the Defendant recognized the facts charged in the instant case and reflects his mistake, which is the primary offender, is drunk and led to the instant case, the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, etc., the sentence of a fine like the order shall be imposed in consideration of the sentencing conditions as stipulated in Article 51 of the Criminal Act, such as