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(영문) 창원지방법원 마산지원 2017.07.04 2016고단1169
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On September 20, 2016, the Defendant violated the Punishment of Minor Offenses Act: (a) on September 20, 2016, at C District of the police station located in Changwon-si, Changwon-si, Masan-si; (b) on the c District of the police station located in the Masan-si, Masan-si; (c) on the c District, after drinking alcohol and drinking to the said District; and (d) upon the request of the police officers belonging to the said District to return home from the police officers, the Defendant “

Ved Laz Doz.

B. Man Mab Mabk

Chewing guest flash flash

“Abrupted a disturbance while taking a bath on a large scale.”

Accordingly, the Defendant, while drunk, dumpeded by the horses and actions conducted by the above earth area, which is a government office.

2. 공무집행 방해 피고인은 2016. 9. 20. 02:07 경 위 C 지구대에서 위와 같이 술에 취해 소란을 피우다가 현행범으로 체포되어 인치 중, 위 지구대 소속 경찰관인 경사 D이 피고인의 주취상태를 확인하려고 하자 화가 나, 발로 위 D의 무릎 부위를 1회 걷어찼다.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the prevention and suppression of the above D's crime that wear police uniforms.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Each statement of E and F;

1. Application of the Acts and subordinate statutes governing the investigation report (related to the attachment ofCCTV image data and photographs after closure) and photographs attached thereto;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance against government official duties, the selection of fines), and Article 136 (1) of the Criminal Act (the point of obstructing the performance of public duties, the selection of punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of the recommended sentence on the sentencing criteria (as to a person who interferes with the execution of public duties), [the scope of the recommended sentence] [the scope of the recommended sentence] that interferes with the performance of public duties, and the basic area (in June to one year and six months] (in the absence of any person who is subject to special sentencing];

2. Determination and violence of sentence;

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