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(영문) 창원지방법원 2018.04.11 2018고단335
공무집행방해
Text

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

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

Reasons

Punishment of the crime

피고인은 2018. 1. 7. 23:00 경 김해시 B에 있는 ‘C’ 식당 앞에서 ‘ 주 취 자가 가게에서 소란을 피운다’ 는 내용의 112 신고를 받고 출동한 김해서 부 경찰서 D 파출소 소속 순경 E으로부터 귀가 권유를 받자 별다른 이유 없이 손으로 위 E의 가슴 부위를 수회 밀고, 이에 공무집행 방해죄로 현행 범인으로 체포되어 순찰차에 타는 과정에서 발로 위 E의 정강이 부위를 1회 찼다.

Accordingly, the Defendant interfered with the performance of official duties by assaulting a police official who is performing legitimate duties concerning the handling of 112 reported cases and arrest of flagrant offenders.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order is that the Defendant, upon receiving 112 reports from a restaurant, exercised violence against the police officer, and interfered with the legitimate performance of official duties by assaulting another police officer, even after being arrested as a current offender on charges of interference with the performance of official duties, and thus, the nature of the offense is not good in light of the course of such violence, method, mode, etc.

However, the defendant reflects his fault in depth.

At the time, he seems to have lost self-defense power to the extent of exercising violence against his female students at the time and committed a serious contingent crime.

The degree of violence exercised by the defendant or the degree of interference with the execution of official duties is important.

It is difficult to see it.

For a long time, one-time fine is imposed due to driving under the influence of alcohol, and there are no criminal records of the same kind or of the suspension of execution.

Even if a person raises a child who is living alone after the divorce, the fact that he/she raisess the child can be considered as favorable circumstances.

In addition, the age, sex, environment, background, circumstances after the crime, etc. of the defendant.

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