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(영문) 창원지방법원 거창지원 2016.12.07 2016고단406
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

On October 19, 2016, at around 01:15, the Defendant: (a) reported on 112 the 5studio of the Cju store located in Chang-gun, Chungcheongnam-gun; and (b) expressed that “I would have been able to confirm the identification card from E to the police officer affiliated with the D District of the Changdong Police Station,” and used the Defendant as assaulting E, such as, “I would have been able to start. I would have been going to go to go to. I would have been going to go to go to go to. I would have been going to go to go to go to.” At the same time, the Defendant: (a) opened the extension of the police external bomb in which E was worn by her hand; (b) opened the guns of the police external bomb in which E was worn by her hand; and (c) assaulted E, so far as I would have been able to get off the right hand hand of E, which would restrain it.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the handling of report cases and the maintenance of order by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act applicable to the crime and Article 136 (1) of the Selection of Punishment Act (Selection of Fine: The defendant does not become a person during the period of probation, but commits the crime in this case, and the nature of the crime is not good. However, the defendant is seriously against his/her own crime, and the degree of violence against police officers is relatively minor, and the police officers do not want to punish the defendant, instead of imprisonment, in consideration of the fact that he/she has committed the crime in this case);

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 of the provisional payment order;

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