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(영문) 창원지방법원마산지원 2020.09.25 2020고단577

공무집행방해등

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

Punishment of the crime

At around 22:00 on April 22, 2020, the Defendant: (a) voluntarily carried out the said police box located in Masan-si B, Masan-si B on the charge of assaulting D; and (b) requested the victim E (the police officer aged 55) who is a police officer belonging to the said police box to sign his voluntarily to sign his voluntarily acting act; (c) stated that “the scam must be avoided by the scambing; (d) thereby damaging the written intent of the said voluntary acting in his hand; and (e) assaulting the victim by taking the scambling hand.

Accordingly, the defendant damaged documents used by public offices, and interfered with the legitimate execution of duties by police officers concerning 112 reported case handling affairs.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the police officer concerning E;

1. Application of Acts and subordinate statutes to the 112 Reporting Report List, and the investigation report on official documents that a suspect has opened in his/her hands on his/her hand (only with respect to the attachment of CCTV images and photographs);

1. Article 136 (1) and Article 141 (1) of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The prosecutor’s opinion on the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The six-month sentence of imprisonment: The nature of the crime is not good such as exercising the force against the police officers of a fine of four million won;

It is a crime during the period of probation.

However, the defendant stated that he is aware of and against the facts of crime.

After the closing of argument, the agreement was reached with the damaged police officer.

There is no record of punishment for the same crime.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.