(영문) 창원지방법원 진주지원 2014.10.10 2014고단756

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Reasons

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자간(%)

(영문) 창원지방법원 진주지원 2014.10.10 2014고단756

공무집행방해

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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 19, 2014, from around 00:20 to 0:20, the Defendant demanded that the Jinju Police Station, a primary employee of the Jinju Police Station, communicate with the police officer in charge of criminal affairs, and C, who are in charge, communicate with the police officer. However, the above police officer recommended the police officer to find it during a daily period, which caused the above police officer to go flick, and the police officer's body was pushed down one time by flicking the chest part of the police officer's chest, and flicked the police officer's body using his body.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the duty of the police officer on the party platform boundary.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes governing CCTV images and CCTV images CDs to crimes committed;

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 crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not correspond to that of obstructing the performance of official duties by assaulting a police officer who had worked at the front and front of the police station. However, the punishment as ordered is determined in consideration of all the circumstances, including the following: (a) the defendant was committed while committing the crime; (b) the degree of assault against the damaged police officer; (c) the defendant deposited KRW 400,000 for the damaged police officer; (d) there was no record of punishment for the same kind of crime; and (c) there was no record of punishment for the same crime; and (d) there was only a criminal record of a fine; (c) the character, conduct and environment of the defendant; (d) the background and result of the instant crime

참조조문

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