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(영문) 창원지방법원 2020.04.03 2019고단4041

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

1. On November 15, 2019, around 23:25, 2019, the Defendant: (a) committed assault, such as knicker’s hand and flab, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife,

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

2. On November 16, 2019, around 00:13, the Defendant: (a) received a 112 report in front of the G convenience store located in GY Kimhae-si, and received a knife Habing back from Ha on the ground that Ha was a knb, the Defendant used the knb “nb, where she is a school, where she is a military unit;” and (b) Habnd the Hab’s right-hand knb with hand, etc., Had the Ha’s knbbbbs, kicked the Habs of Ha on the ground that Ha was a knb, and assaulted the Ha

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 of each police statement of E and H;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes to cover the damaged police officers' photographs, processing records of the 112 Reporting Case, attaching CCTV images to CDs, and to cover the CCTV images;

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

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [In order to establish a state’s legal order and eradicate the light of the public authority, it is necessary to punish a police officer with strict punishment for committing a crime interfering with the police officer’s performance of official duties.

Many police officers subject to crime are involved in crimes.

【Discretionary circumstances】 The degree of obstruction of performance of official duties cannot be considered as serious due to contingent crimes.

The defendant is guilty of a fine, and the defendant shows his attitude to reflect his mistake.

crime;