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(영문) 창원지방법원 진주지원 2016.08.17 2016고단596
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 May 23, 2016, at the road located in Sacheon-si, Sacheon-si, the Defendant discovered the Defendant who was a police officer F of the Gyeongcheon Police Station E District, a police officer of the Gyeongcheon-gu, Gyeongcheon Police Station, who controlled drinking driving, intends to escape by getting out of G-Ja car that was immediately rounded to the alleyway from the front side of the control place, and asked the Defendant about his personal information by asking the Defendant, and the said F, “I would like to have the frier that the frack frack frack frack frack frack fr

Ministry of Home Affairs * *

The humb. The humb. The humb. the humb. the humb in which the humb. humb was shed three times by the humb, and the humb. the humb, who was controlled by the police officer H belonging to the above humb.

“Along with sound, the chest of the above H was pushed down once by hand.”

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the duty of regulating drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F and H;

1. Application of Acts and subordinate statutes to a criminal investigation report and investigation report (the filing of such video file CDs);

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Determination on the legality of the execution of official duties under Article 334(1) of the Criminal Procedure Act

1. Article 3 (1) 2 of the Act on the Performance of Duties by Police Officers may stop questioning of a person who is deemed to have knowledge of a crime already committed or about to be committed by a police officer, and may inquire him/her of such person;

In determining whether a police officer constitutes a person subject to the foregoing sub-inspection, it shall be determined in accordance with objective and reasonable standards based on the specific circumstances at the time of the non-inspection (see, e.g., Supreme Court Decision 2011Do1399, Feb. 27, 2014). The following circumstances, namely, ① the instant vehicle at the point prior to the point where alcohol control is controlled.

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