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(영문) 창원지방법원 2019.11.22 2019고단2864

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 26, 2019, at around 01:30, the Defendant: (a) called “A person who was under the influence of alcohol,” and called “Accomponed on the way of drinking,” when having received a 112 report, when the police officer D belonging to the police officer of the Kim Sea Police Station C District of the Kim Sea Police Station called the Defendant who was coming on the back side from the side road, and requested him to enter the house, and upon requesting him to enter the house, the Defendant called “Accom on the opening of the packer Kim Sea,” and the Defendant got a voice, saying “Accom on the opening of the packer Kim Sea, I am the left side of D by walking the upper part of D.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the handling of 112 reported cases and protective measures for the hosts.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (as to the attachment of CD screen pictures);

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking account of the following circumstances, Defendant’s age, character and conduct, health conditions, degree of assault exercised by police officers, details and circumstances of the instant crime, and circumstances after the instant crime.

Unfavorable circumstances: The defendant has exercised violence against police officers in the course of performing official duties, and the circumstances that are favorable to the quality of the crime: The confession and reflect of the defendant, and there is no record of punishment for the same kind of crime and violent crime.