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(영문) 창원지방법원 거창지원 2016.06.15 2016고단129
공무집행방해
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On December 8, 2015, the Defendant: (a) received a report from a policeman, a police officer belonging to the police patrol box called the “C” in the Namyang-si, Namyang-si; (b) on December 8, 2015, having performed alcoholic beverages in a restaurant in the name of “C,” and filed a notification that customers interfere with their business without leaving the room despite the expiration of the business hours; and (c) caused him/her to undergo a check from a policeman, who is a police officer belonging to the police patrol box called the “C,” and then, (d) he/she sold the sp

Accordingly, the defendant interfered with the legitimate execution of duties concerning the dispatch of report and the maintenance of public order by police officers E.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 (1) of the Criminal Act of the choice of punishment (the selection of punishment: the defendant was the first offender, and the defendant was assaulted by police officers;

In light of the fact that the police officer’s assault and assault against the police officer is relatively minor, the police officer may choose a fine instead of imprisonment with prison labor.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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