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(영문) 창원지방법원 밀양지원 2014.05.28 2014고단87

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 16, 2013, around 10:05, the Defendant moved the Defendant from the access road to the construction site of the transmission tower No. 89, in front of the “Ccafeteria” located in Syang-si B, to the out-of-road air fighters belonging to the Gyeongnam Provincial Police Agency, who interfered with the passage by entering the road. The victim E belonging to the Dagdong Team belonging to the Gyeongnam Provincial Police Agency, the victim E wanting to move again to the road, and the victim F was able to go back to the road, and the victims were able to go back to the face of the victims with the face of the victims for about two weeks. At the same time, the Defendant obstructed the legitimate execution of duties of the victims, who are police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning F, E, G, and H;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes concerning field photographs and documentary evidence pictures;

1. Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each alternative fine for punishment;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is not likely to be a crime committed by a police officer who injured a police officer in the course of performing his/her duties. However, in light of all the circumstances, the punishment as ordered shall be determined by taking into consideration the following: (a) the Defendant’s mistake is against him/her; (b) there is no criminal record; (c) the victims’ injury is difficult to be deemed serious; and (d) the Defendant’s age, character and conduct; (b) the circumstances leading to the instant crime; and (c)