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(영문) 창원지방법원 2015.05.08 2014고단3254
공무집행방해
Text

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 October 22, 2014, at around 00:10 on October 22, 2014, the Defendant: (a) 112 patrol police officers, who received a report of assault in front of the police box located in the Jinhae-si C, and went to the 112 patrol police units, and was on the floor of the police box located in the patrol vehicle on the ground that the other party did not go to the patrol vehicle; (b) the Defendant laid down the police box located in the patrol vehicle on the floor of the patrol vehicle on the ground that he did not go to the patrol vehicle; and (c) the Defendant: (d) provided the assistant E of the police box that prevents him with the “Chewing fice” and

As such, the Defendant assaulted police officers, thereby obstructing police officers from performing their legitimate duties in relation to crime prevention, suppression, and investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement to F and E;

1. Summary statement;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is not good because the crime of this case was committed by the police officer upon receiving a report of assault by the defendant, and thus obstructing the legitimate execution of official duties by the police officer.

However, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence, etc., shall be imposed on the defendant in consideration of the fact that the defendant's mistake is divided and reflected, that the damaged police officer does not want punishment against the defendant, that the defendant is the primary offender, and that the defendant is the defendant's age, character and conduct, motive, means

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