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(영문) 창원지방법원 2019.03.13 2019고단127
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 23:20 on December 8, 2018, the Defendant: (a) received a report from 112 that the Defendant was under influence of alcohol before the C cafeteria located in Kimhae-si B; and (b) received a recommendation for returning home from E in the circumstances where the Defendant was affiliated with the Kim Jong-si Police Station D (hereinafter “C cafeteria”) and expressed the Defendant’s bath to the effect that “packer, e-mail, e-mail, e-mail, e-mail, e-mail, e-mail, and e-mail, e-mail.”

Accordingly, the defendant interfered with the legitimate execution of duties of 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 governing criminal video CDs;

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. Under the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the punishment is determined as ordered by taking full account of the following circumstances: the Defendant’s age, character and conduct, the contents of the Defendant’s violence, the details and circumstances of the instant crime, and the circumstances after the commission of the crime.

There is a need to strictly cope with acts that obstruct the performance of official duties by police officers.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

A defendant has no record of criminal punishment except for a fine imposed once for a crime of another kind.

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