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(영문) 창원지방법원 밀양지원 2017.06.08 2017고단12
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

Punishment of the crime

On January 7, 2017, the Defendant: (a) reported on January 7, 2017, 02:20, that he was the host at the C cafeteria located B, and (b) received a request for returning home from the guard E and the Inspector F to the Defendant’s residence. (c) On January 7, 2017, the Defendant was on board the patrol vehicle and moved to the Defendant’s residence.

At around 02:35 on the same day, the Defendant: (a) requested the police officer to leave the scene to the vicinity of his residence because the police officer received 112 report on the case with a deadly weapon; (b) requested to leave the scene to the lower end of the patrol car; and (c) caused the Defendant to get out of the patrol car; (d) “I killed this dog; (b) I died of this dog; (c) I am off from the vehicle; and (d) I am from the vehicle; (d) I am off the road; and (e) I am off this dog; and (e) I am back to the driver’s seat with the two hand, and (e) sealed it by a 20 seconds.

As a result, the Defendant interfered with the legitimate execution of duties concerning the dispatch of reports and the handling of duties by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and I;

1. Application of Acts and subordinate statutes to report internal investigation (limited to the attachment of photographs of police officers);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. In light of the fact that there is no record of punishment for the same crime as the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, etc., the punishment is determined as ordered.

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