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(영문) 창원지방법원 2017.05.16 2016고단3295

공무집행방해

Text

Defendants shall be punished by a fine of KRW 5,000,000.

In the event that the Defendants did not pay each of the above fines, 100.

Reasons

Punishment of the crime

1. On July 12, 2016, around 10:02, Defendant A committed an assault against the police officer’s legitimate execution of duties concerning the prevention, suppression, investigation, etc. of a crime, by assaulting the police officer’s duty, such as the police officer E, who was dispatched to the site after receiving a report on the 112 that the Defendant and B drinkd a disturbance of drinking alcohol, by drinking alcohol to the site. The police officer E, who was dispatched to the Changwon-gu Police Station, who was called to the site after receiving a report on the 112 that the Defendant and B drinkd the drinking alcohol, and asked the Defendant about his personal information.

2. Defendant B: (a) the police officer F belonging to the police station at the Changwon Police Station at the time and place specified in the above paragraph (1) controlled A; (b) the above F F F F F’s chest by hand was tightly pushed down twice; and (c) the police officer interfered with the police officer’s legitimate performance of duties concerning the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

The application of the laws and regulations of each police statement protocol to the Defendants F and E

1. Defendants of the relevant legal provisions concerning criminal facts: Article 136(1) of the Criminal Act

2. The Defendants who choose the punishment: Selection of a fine (the degree of violence is not severe; Defendant A is a primary offender and Defendant B is punished twice by a fine for violating the Act on the Establishment of Local Reserve Forces, and there is no record of criminal punishment except for the punishment imposed twice; the Defendants are divided and reflected, etc.);

3. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act