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(영문) 창원지방법원 통영지원 2016.04.06 2016고단116
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

Criminal facts

On January 12, 2016, the Defendant, while under the influence of alcohol around 04:55, 13 Doo-ro 13 Doo-ro, 13 Doo-dong community service center, was driven by C, who was a driver of a vehicle, was a driver of the vehicle, and was driven by the Defendant, became a vision for the reason that C, who was a driver of the vehicle, was fluencing around the Defendant.

Since then, the Defendant, upon receipt of the report of C 112, expressed that E was able to restrain the Defendant, return the Defendant back to Korea first, and that E was able to have the Defendant returned home again, and assaulted by two descendants, such as “I live several ages, I am under the police feasia, I am under the police feasia, I am under the police feasia, I am under the police feasia, and am under the two hand.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the video CD-related Acts and subordinate statutes

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment - Circumstances unfavorable to the police officers: The nature of the crime of this case committed by the police officers who desire to commit the crime and assault him/her is not good;

(k) favorable circumstances: The degree of assault is not severe; the defendant appears to be a somewhat contingent crime that has occurred in the state of drinking; the defendant reflects his mistake; and the first offender who has no previous convictions;

In light of the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, and circumstances after the crime, even if the nature of the crime of obstructing the execution of official duties is grave, it would be somewhat harsh to select a fine as soon as possible for the number of actual crimes of a defendant without any previous conviction, and the amount of the fine shall be determined.

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