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(영문) 창원지방법원 마산지원 2020.04.28 2020고단173
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

Around 01:55 on February 2, 2020, the Defendant sought a statement from the police officer affiliated with the Mapo-gu Police Station affiliated with the Mapo-gu Police Station that called "Ara" to the police officer who was dispatched to the site after receiving a report of 112 on the content that "I will do so", and sought to keep the police officer's arms and arms away from the police officer, and tried to keep him/her away from the police officer to stop him/her, while taking a desire to keep him/her away from the police officer to stop him/her, and threatening him/her to take the arms of the police officer, keep his/her body by hand, and keep him/her drinking.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of D;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Death sentence by prosecutor: Six months of imprisonment.

4. The Defendant, who was called for a domestic violence case, obstructed the performance of official duties, such as taking a bath to a police officer who was called for a domestic violence case, taking a arms, pushing his body, etc.

However, the defendant recognizes and reflects crimes.

The tangible power inflicted on police officers is relatively weak.

Police officers did not have any injury.

The Defendant is an initial offender who has no criminal record.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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