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(영문) 창원지방법원 2015.03.27 2014고단3285
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On November 15, 2014, at around 00:56, the Defendant: (a) committed an assault by the Defendant’s wife Eul, who was reported domestic violence by the Defendant’s wife, and was called to the Defendant, to demand that E, a police officer belonging to the D Zone of the Kim Sea Police Station D District of the Kim Sea Police Station, take a bath for drinking and to file a petition against the Defendant, and thus, the Defendant would have been under the influence of drinking, thereby obstructing the police officer’s legitimate performance of duties to move out the scene of the crime.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes of E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The degree of violence is relatively minor in that it interferes with a police officer performing official duties with the legitimate reasons for sentencing under Article 334(1) of the Criminal Procedure Act by putting a bath and assault against a police officer performing official duties. The extent of violence is relatively minor in that the defendant was not guilty in addition to a fine, and the defendant was not guilty in depth, and the circumstances and result of the crime in this case, the defendant's age, character and conduct, environment, circumstances after the crime, etc. are considered.

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