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(영문) 창원지방법원 2015.02.03 2014고단2926
공무집행방해
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

At around 04:30 on September 30, 2014, the Defendant: (a) committed assault against D, i.e., a police officer belonging to the Changwon Police Station C district, who was dispatched upon receipt of a report, to refrain from fighting and listen to the circumstances of the instant case from the Defendant’s daily behaviors; (b) the Defendant she was able to take the fluoral care of, and take the fluoral face at one time.

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

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

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

2. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

3. In order to establish the legal order of the country with the reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate the light of the public authority, there is a need to strictly punish the crime of obstruction of performance of official duties. In light of the fact that there is a need to strictly punish the crime.

However, considering the fact that the defendant's mistake is recognized and against the defendant, the fact that the defendant has no criminal record is the first offender who has no criminal record, the defendant's age, character, conduct and environment, etc., and the punishment shall be determined as per the order, considering all other circumstances which form the conditions for sentencing,

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