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(영문) 창원지방법원 2016.05.26 2016고단831
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On March 10, 2016, the Defendant: (a) reported on March 10, 2016, around 23:13, 2016, that the male scam in front of the D cafeteria located in the Gu, which was called out by the Defendant; and (b) reported on March 112, 200; and (c) sent to F police officers affiliated with the Jinina Police Station E box, “I saw scams, and

The "F's face was taken at one time by drinking alone."

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assault on the summary of the argument was committed in a situation in which the police officer, after the Defendant’s disturbance was terminated, brought up a situation in which the Defendant was committed in order to protect the Defendant, which was written on the street in the place where the judgment was held, and this took place after the police officer’s performance of duties concerning the handling of the 112 Report by the police officer, and thus, the above act by the Defendant constitutes

2. According to the evidence duly adopted and examined by the court, the "police officers, etc. belonging to the Jinhae Police Station Embox, etc. are called to the above place after receiving a report of 112, that the Defendant committed noise, etc. on March 10, 2016, and sent out to the above place after receiving a report of 112 that the Defendant committed noise, etc. in the vicinity of the above place, and that the public official was called to the above place near the above place when the public official actually performed the necessary act (see Supreme Court Decision 2008Do919, Jan. 15, 2009, etc.).

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