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(영문) 창원지방법원 2019.02.15 2018고단1674
공무집행방해
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On March 16, 2018, at around 03:10 on March 16, 2018, the Defendant saw the disturbance as a matter of payment of the drinking value in D’s singing stores in Kimhae-si, and stated that E, a police officer called up after receiving 112 a report, demanded him to pay the drinking value and return home, and that E, a police officer called up upon 112, did not gather the ice flab on the table, and stated that “the thickness we will know flab, we will know flab,” and that both hand flabed the chest part of the above E, and flabed one time the left part with drinking.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on crime prevention.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness C and E’s respective legal statements;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that there are some circumstances to consider the motive and background leading to the instant crime, and that there are no other criminal records except that the Defendant has been fined several times, are favorable to the Defendant.

On the other hand, since the crime of obstruction of performance of official duties is not only detrimental to the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is related to the safety of the general public, it is necessary to punish with severe punishment corresponding thereto. On the other hand, the conditions of various sentencing as shown in the records and arguments such as the crime means and result of the crime in this case, the circumstances and result after the crime in this case, the defendant's age

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