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(영문) 창원지방법원 2018.07.06 2018고단1210
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

On March 24, 2018, at around 11:30, the Defendant: (a) stated that “The Defendant was arrested, bitched, bitched, bitched, bitched, bitched, bitched, bitched,” and assaulted E’s chest by hand at the request of E to present an identification card.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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 sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the Defendant committed an assault to a police officer called out after receiving a report at a breath business establishment in the influence of alcohol and obstructing the performance of his/her official duties by assaulting him/her, such as booming him/her and her at the time when he/she was called out after receiving a report, and thus obstructing the performance of official duties. Therefore, the nature of the offense is not good in light

In addition, the defendant was under imprisonment with prison labor for other crimes, but he was under imprisonment with prison labor, and was under imprisonment with prison labor for the above crimes.

However, the defendant shows an attitude to reflect in depth the mistake.

The crime seems to have been committed by interesting, losing self-defense and contingently, even though it has not yet been mature as a human being on the young age.

In agreement with the police officers who suffered damage, the police officers do not want the punishment of the defendant.

Until now, there has been no punishment for a crime committed against public officials or public offices, and it is only one fine even before violence for the last five years.In addition, the sentencing conditions such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime are considered comprehensively.

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