(영문) 창원지방법원 2019.10.17 2019고단1919

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(영문) 창원지방법원 2019.10.17 2019고단1919

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 02:20 on February 4, 2019, the Defendant: (a) stated to the effect that, “Abrupted male, who was under the influence of alcohol,” “Abrupted by the Defendant,” from the police officer of the Jinhae Police Station, who was called upon 112 report and called “Abrupted by the Defendant, does not want to punish the Defendant, and there is no need for police officer to support the police officer; (b) the Defendant did not need to go to the police station.” The Defendant stated to the effect that “Abrupted by the internal police station, put the Defendant in flab, flag, and flag,” “Abrupted the flab of the said D’s chest by drinking, intending to go beyond the floor, and flaging the flab, and flag by drinking.”

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported duties due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires the determination of the sentence as ordered by taking full account of various circumstances revealed in the trial and records, including the Defendant’s age, career, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, under the following circumstances:

Unfavorable circumstances: Cases of using violence to police officers who are performing legitimate duties, and circumstances that are favorable to the degree that the nature of crime is poor: The fact that it seriously reflects the nature of crime; and the fact that there is no previous criminal record other than those of fines on two occasions before 2002.

참조조문

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