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(영문) 창원지방법원 2019.05.17 2019고단362
공무집행방해
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 07:35 on January 5, 2019, the Defendant: (a) at the Jinhae Police Station C District District District of Jinhae-gu, Changwon-si; and (b) at the Jinhae Police Station C District of Jinhae-gu, Jinhae-si, the Defendant: (c) received a 112 report and received a request from the police officer to return home at will; (d) received a request to return home; (e) took a bath to the police officer; and (e) took a fright to walk back; and (e) took the police officer belonging to the said district; and (e) expressed that “I will take a breath and breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the said D;

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers on the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Photographs - photographs such as damaged parts of the victim, photographs taken by the victim, and notification to the department related to the report of 112 cases;

1. Application of Acts and subordinate statutes to a internal investigation report (a CCTV verification in a police box, a CCTV image-cape, a photograph and a CD attachment);

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 to attract a workhouse;

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act with regard to an order of provisional payment;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. Scope of the recommended sentence according to the sentencing guidelines (decision of type) of the obstruction of performance of official duties: [Type 1]/ the coercion of official duties (special sponsor): Where the degree of violence, intimidation, and deceptive scheme is minor (the scope of the recommended area and the recommended punishment), mitigation area of the sentence, and one month to eight months of the imprisonment.

3. Determination of sentence of a fine: A condition unfavorable to a fine of KRW 2.5 million: A condition unfavorable to the fact that all of the crimes of this case are recognized, that a victimized police officer does not want punishment against a defendant, that he/she does not have the same criminal power, that he/she does not have any punishment exceeding the fine, or that the degree of assault committed by the obstruction of performance of official duties is not severe:

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