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(영문) 창원지방법원 2020.05.15 2020고단394

공무집행방해

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. At around 21:10 on November 22, 2019, the Defendant committed the first crime: (a) assaulted by the police officer D who was requested to produce identification cards in order to confirm the reported case by the police officer D belonging to the police station of the Jinhae Police Station, who was called out after receiving 112 reports in relation to the assault case on the road in front of the building in the Jinwon-si, Changwon-si; (b) on the one hand, the Defendant was in charge of drinking a so-called “on the part of the uniforms of D”, who was called “on the other hand, at any time, at the time” to take the parts of the uniforms of D, “on the part of the uniforms of D, at one time, at the left hand.

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

2. On November 22, 2019, the Defendant committed the second crime: (a) in the situation where he was arrested and detained as a flagrant offender in the obstruction of performance of official duties at the Jinhae Police Station C police box located in Jinhae-si E, Changwon-si; (b) he was asked by F of personal information from the police officer assigned to the Jinhae Police Station C police box, who was asked by the police officer assigned to him of the Jinhae Police Station C police box, “the suspension of performance of official duties”, “the suspension of performance of official duties by going to the police officer assigned to the police officer assigned to him, and the Defendant

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police against D or F;

1. Application of the Acts and subordinate statutes concerning victim securityD, damage photographs of F, and photographic images of a criminal image to a police officer;

1. Article 136 (1) of the Criminal Act and Article 136 of the same Act concerning the applicable criminal facts, the choice 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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, family environment, motive for committing a crime, and circumstances after committing a crime, shall be determined as ordered by taking into consideration the following circumstances:

【Unfavorable circumstances】 The Defendant is drunk.