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(영문) 창원지방법원 2019.05.01 2019고단407
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 January 19, 2019, at around 22:05, the Defendant: (a) reported on 112 in front of the C cafeteria, and moved out to enter the bottom of the car by the police officer E belonging to the D Zone D District Police Station of the Kim Sea Police Station of the Kim Sea, who called, “I am out of the time of driving. I am out of the time of driving. I am am am on behalf of I am and I am am about. I am am. I am. I am. I am. I am, I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am.”

As a result, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. AF statement;

1. Application of CD image Acts and subordinate statutes

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. Article 334(1) of the Criminal Procedure Act provides that the responsibility for the crime of this case in use of violence against a police officer during the course of performing official duties for sentencing of Article 334(1) does not be exceptionally applied.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

The defendant has no record of being punished for obstruction of performance of official duties or violence.

Other factors for sentencing, such as the age, character and conduct of the defendant, the details of the violence used by the defendant, the details and circumstances of the crime in this case, and the circumstances after the crime, shall be determined as the sentence as ordered.

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