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(영문) 창원지방법원통영지원 2020.12.09 2020고단1048
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Road Traffic Act shall be allowed to sit or standing on a road in such a manner as to obstruct the traffic;

Nevertheless, the Defendant, at around 21:40 on July 1, 2020, requested the C Zone B to take measures against large buses parked in front of his house before the Defendant, but on the ground that the police officer did not take proper measures against the request, he did an act that interfere with traffic by cutting down both arms on the road under the influence of alcohol or lying on the ground that he did not take proper measures against it.

2. The Defendant interfered with the performance of official duties by assaulting the police officers, such as the time, place, etc. mentioned in paragraph (1), D (Nam, 47 years old), the security guards belonging to the said C District, and the said C District, thereby keeping the said D in secret, and displaying the arms, etc. while engaging in the acts that interfered with traffic, thereby obstructing the police officers’ legitimate execution of duties.

Summary of Evidence

Defendant’s legal statement

D Application of the police protocol protocol law to D

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, Article 157 subparagraph 4 of the Road Traffic Act, and Article 68 (3) 2 of the Road Traffic Act, and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Taking into account the fact that the instant crime was committed in the course of demanding measures against large buses parked on the road for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the Defendant had no criminal record exceeding the same criminal record and fine, and that the Defendant is responsible for the livelihood of multicultural families

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