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(영문) 창원지방법원 2019.10.02 2019고단2019

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 June 2, 2019, at around 22:52, the Defendant received a 112 report of the main business owner who did not make a calculation under the influence of alcohol and received a recommendation for calculating the drinking value and returning home from the victim light E, etc. belonging to the D Zone of the Kimhae Police Station, which was called out by the Defendant.

Accordingly, the defendant 112 reported to the above main business owner, who was able to calculate the drinking value while coming to a trial cost, and who was sexually abused the face of the above E at one time.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. liquid camping images;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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 for the detention of a workhouse;

1. The sentencing ground of Article 334(1) of the Criminal Procedure Act of the provisional payment order did not include minor degree of violence committed by the defendant against the victimized police officer, and strict measures are needed against the act obstructing the performance of official duties by the police officer.

On the other hand, the Defendant recognized the instant crime and did not repeat the same mistake.

Defendant has no record of criminal punishment except for punishment by a fine twice for other crimes in the past.

In addition, the punishment shall be determined as per Disposition by comprehensively taking into account the defendant's age, character and conduct, the details and circumstances of the crime in this case, and the circumstances after the crime.