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(영문) 창원지방법원 마산지원 2014.07.22 2014고단520
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 19:05 on May 27, 2014, the Defendant committed assault to the C convenience stores located in the Masan-si B of Changwon-si, Masan-si, and obstructed a police official’s legitimate performance of duties by a police official with regard to the handling of the 112 reported case, by assaulting the said E’s back-line one time to walk, and obstructing a police official’s performance of duties with regard to the handling of the affairs of the 112 reported case.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and F;

1. Article 136 of the Criminal Act and the choice of fines concerning the crime;

1. In order to establish the legal order of the country with reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act and eradicate the light of the public authority, it is necessary to strictly punish the crime of obstruction of the performance of official duties. However, although the defendant is aware of his/her mistake and reflects it, the defendant is an contingent crime under the influence of alcohol, and is an initial offender who has no criminal history, the punishment is determined as ordered in light of all the sentencing conditions indicated in the arguments of this case.

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