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(영문) 창원지방법원 2020.04.22 2020고단412
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 18, 2019, at around 23:43, 2019, the Defendant called up after receiving a report from 112 that there is a person who takes care of the restaurant located in Kimhae-si B, and called up to the front day of his son, the Defendant followed the Defendant, a police officer belonging to the Kimhae-si Police Station Cream Zone of the Kimhae-gu Police Station, who was a police officer assigned to the Defendant, for "ging, ice-to-saw," "Sto-saw," "police has ever gone off," "Chewing," "Sto-saw," "Sto-saw," "Sto-saw," and "Is if we want to interfere with the performance of the duties of the police officer by deceptive means, and tried to use the sweak to the left part of the police officer, and then has tightly carried the knick with the knish by the knife, and then has the knife the e part of the e.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act - The sentencing criteria under Article 334(1) shall be determined as ordered by taking into account all the various circumstances, including the following circumstances, such as the age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: A favorable circumstances such as the failure of the method of crime and the record of punishment for the same kind of crime committed against the police officers: the fact that the defendant repents and reflects the wrong, contingent crimes, and the degree of damage of the victimized police officers, and deposit money for the victimized police officers.

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