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(영문) 창원지방법원 2018.11.08 2018고단2451
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 11, 2018, at around 00:45, the Defendant: (a) reported domestic violence in front of the Kimhae-si Badong 112 on August 11, 2018; and (b) found D to have a defect in order for the Defendant and the victim of domestic violence to separate his wife from the Defendant and the victim of domestic violence.

“In doing the bath theory, D assaulted D’s chest part by hand by hand.”

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Copy of each police statement made to E;

1. Application of Acts and subordinate statutes to the copy of the 112 Reporting Case Handling List;

1. Relevant legal provisions concerning facts constituting the crime and Article 136 (1) of the Criminal Act that choose a sentence (to select a fine in consideration of the fact that the defendant has no criminal record for the same kind of crime, reflects the mistake while making a confession, and the defendant seems to have committed the crime of this case contingently, and that the degree of interference with violence and official duties is not serious);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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