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(영문) 창원지방법원 2021.03.24 2020고단3933
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

1. On November 23, 2020, the Defendant destroyed and damaged the said microphones in the singing room for the operation of the Victim C, which was located at the window B of Changwon-si, 23:10 on November 23, 2020, in a way that 300,000 won of the market price owned by the victim, is spawned, and carried out its utility.

2. Around 23:20 on the same day, the Defendant: (a) committed an assault to the police officer in need of medical treatment for about 14 days on the 23:20th day; (b) committed an assault by the victim E ( South, 39 years old) belonging to the Changwon Police Station D District Unit, the Changwon Police Station, who was dispatched after receiving a report from 112 on the content that “five customers spawn”; and (c) received confirmation of his personal information from the victim E (the remaining, 39 years old) who was dispatched; and (d) took the breath of the said damaged police officer’s breath, and took the breath by using the breath, and then took the breath, and then took the 14th day.

As a result, the Defendant interfered with police officers' legitimate performance of duties on the handling of 112 reported cases, and at the same time injured the above victim police officers.

Summary of Evidence

1. The defendant's legal statement C or each police's statement report on E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) of the relevant Act;

1. Selection of each fine provided for in Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is an offense that inflicts an injury on the police officers who act as a means of protecting the lives and bodies of citizens, and thus, it is necessary to severely punish the police officers to the extent that there is a risk of undermining the public security power and undermining the safety of citizen life.

However, in the case of this case, the defendant is the first offender who has no record of crime, and the investigation agency from the investigation agency to this court.

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