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(영문) 창원지방법원 2017.06.16 2017고단1295
공무집행방해
Text

Defendant

A A shall be punished by a fine of KRW 5 million, and Defendant B shall be punished by a fine of KRW 3 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On December 31, 2016, at around 22:53, the Defendants were urged to return home from the police officer, etc. in the circumstances belonging to the E zone belonging to the police station E zone belonging to the sub-police station, F and G, etc. on the road of the 'D' restaurant located in Kimhae-si C, and at the above 'D' restaurant, the Defendants were sent to the above 'D' restaurant after receiving 112 reports to avoid disturbance, but the Defendants continued to dispute with HJ and patrol, etc., but the Defendants notified the fact of violation of the Punishment of Minor Offenses Act and asked personal information to the F to notify the 'D' of the disturbance by hand.

Accordingly, Defendant A, “I have been unable to go well by our country,” followed the shoulder of the preceding F, has been pushed down three times by hand, has been pushed down the F’s chest by hand, and she has been discharged by asking for the name of her head and her head to G in her name.

“.............. ........... ...............

Defendant

B continuing to do so to the above police officers “I do not see why it is why the police officer would do so.”

“Hambly Hambly F’s chest by hand, and the chest of F was tightly sealed twice by hand, and the shoulder of F.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the handling and notification of 112 police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to F and G;

1. The Defendants of the relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act

1. In the case of the ordinary concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Each selective fine

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for the sentencing of Article 334(1) of the Criminal Procedure Act are as follows: (a) the Defendants, upon receiving a report from the police officer dispatched to the restaurant, recommended him/her to return home on several occasions; and (b) the Defendants continue to notify him/her of the disturbance as a violation of the Punishment of Minor Offenses Act.

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