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(영문) 창원지방법원 2016.11.30 2016고단3548
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

At around 01:30 on September 12, 2016, the Defendant filed a declaration of disturbance 112, i.e., assaulting a business owner at a place where the Defendant had no drinking value under the influence of alcohol, and assaulting the business owner at the place.

After receiving the above report, the police officer F, who belongs to the Changwon Police Station Unit of the Changwon Police Station, heard the report, and recommended the Defendant to pay the drinking value, the Defendant did not pay the drinking value while continuing to take a bath, and the said F was at the time of the Defendant’s voluntary driving, and the Defendant, on his own initiative, took the right side of the F.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) the sentencing conditions indicated in the records of the instant case, such as the age, character and conduct, family relation, family relationship, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be equally taken into account.

Conditions unfavorable: The fact that there is no agreement with the victim and that the degree of the assault is less severe: The fact that there is no other criminal record, the fact that there is no other criminal record, the victim's apology, and the deposit of one million won for the victim.

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