(영문) 창원지방법원 2020.01.22 2019고단3641

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(영문) 창원지방법원 2020.01.22 2019고단3641

공무집행방해

Text

Defendant shall be punished by a fine of KRW 2,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

At around 06:50 on October 23, 2019, the Defendant was under the influence of alcohol at the Kimhae-si Babel parking lot, and was under the influence of a car, on the ground that the Defendant was under the influence of alcohol and was under the influence of a passenger, “the owner of the passenger was under the influence of the vehicle at the parking lot,” on the ground that he was under the notification of 112 and was under the control of the police officer affiliated with the Kimhae-gu Police Station C District of the Kimhae-gu Police Station, the Defendant was under the influence of the Defendant, and was under the influence of the Defendant, and was under the influence of the Defendant, and was under the desire of D, “the head of the vehicle was under the influence of the Defendant, who was under the influence of a passenger being under the influence of a passenger.”

Accordingly, the defendant interfered with police officers' legitimate execution of duties on 112 reported business affairs and protection of a host.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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

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 sentence as ordered shall be determined by taking into account all the various circumstances that form the conditions for sentencing specified in the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

D. Unfavorable circumstances: A crime committed against a police officer at a certain uniform: The circumstances favorable to the method of the crime, such as poor conditions of the method of the crime: The defendant's mistake is divided and reflected by him; contingent crimes; the degree of damage to the damaged police officer is not much serious; the damaged police officer is taking the seat of the defendant; there is no record of excessive punishment of the same kind or fine.

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