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(영문) 창원지방법원 2020.02.19 2019고단3219
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 October 10, 2019, at around 02:40, the Defendant: (a) was waiting for a taxi in front of the Kimhae-si B apartment on the road; (b) was sckeing his hand in order to request a patrol vehicle in front of the Kimhae-si to report on the patrol vehicle that passed; (c) but it was difficult to avoid disturbance, such as following the patrol vehicle under the signal stop on the ground that it was left behind, and sckeing the patrol vehicle in front of the signal, and sckeing the patrol vehicle in front of the signal, and then, (d) the police officer belonging to the Kim Jong-si Police Station in charge of the Kim Jong-si Police Station set off the Defendant’s two arms from the vehicle, and (e) the Defendant abusedd the Do police officer by sckeing the miscellaneous arms, and then sckeing the chest of the said D by driving them once in two arms.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes on blackbox CDs;

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

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

1. In order to protect the legitimate function of the country for sentencing the sentencing of Article 334(1) of the Criminal Procedure Act, and to establish a sound social order, strict punishment is required for the obstruction of performance of official duties.

However, considering the fact that the defendant recognized the crime of this case and reflects the fact that the defendant has no record of the same kind of crime, the sentencing conditions specified in the trial of this case, such as the defendant's age, character and conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered.

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