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(영문) 창원지방법원 2019.01.31 2018고단3348
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 October 29, 2018, the Defendant moved to the zone D located in F in Kimhae-si, which was called upon by the Defendant after receiving a report of 112 that the Defendant satisfing at a singing shop located in Kimhae-si B on October 29, 2018.

At around 23:16 on the same day, the defendant heard that he can return home from the D Zone, and was absent from the D Zone, but he immediately died of the person who would be able to find the person as D Zone again, and the result of the settlement of the reported case was carried out at the D Zone, and then assaulted E's side knife by knife the key of the vehicle for the first time as the knife is knife with knife.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to photographs of criminal implements;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act on December 13, 2013 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes was sentenced by the Busan District Court to the Defendant on December 13, 2013, and thereby committed the instant crime during the period of repeated crime resulting therefrom, under the circumstances unfavorable to the Defendant. However, the Defendant did not have the same criminal record, made a confession, and made a mistake depth, and the repeated crime was committed by the same crime, and the degree of interference with the assault and official duties of the instant case seems to have not been serious, and the punishment is determined as ordered by the decision of the fine.

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