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(영문) 창원지방법원 마산지원 2018.04.17 2018고단140
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

Criminal facts

On December 29, 2017, at around 00:35, the Defendant, in front of the Defendant’s residence located in Changwon-si Masan-si B, filed a report that he was unable to live under the influence of alcohol, and the Defendant expressed his bath that he was “at least her opening,” without any justifiable reason, while under the influence of alcohol to D’s guards belonging to the Minsan-si Police Station C District of the Police Station in Minsan-si, the Defendant assaulted the Defendant’s left face part of the said D one time.

As a result, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is serious in the nature of the crime of obstructing the performance of official duties and D in the background leading up to the subject of assault is punished against the defendant, the defendant is led to confession and reflect, the defendant has no other criminal records except for the two-time criminal records, and the degree of violence and obstruction of official duties is not severe in light of the fact that the defendant has no other criminal records, the punishment is determined as per the disposition.

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