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(영문) 창원지방법원 2017.10.25 2017고단2852
공무집행방해
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

Criminal facts

On April 3, 2017, the Defendant: (a) around 01:10, Kimhae-si C, and 2, D’D’ in the singing shop’s corridor, and (b) took a bath against business owners E as a matter of the drinking value; and (c) Kim, the Defendant was dispatched to the site after receiving a report from 112 by the police officer G (28 years old) of the Busan Police Station, etc.

The Defendant, who was getting down to the first floor of the police officers, was later up to the second floor, and committed assault to the above G while ascertaining the circumstances of the instant case against E, such as “G I am off.” and drinking “G I am..”, and flabing the chest of G, with his hand, by drinking twice.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of the respective Acts and subordinate statutes of E and H;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the Defendant’s mistake was pened in depth and reflected, and there are some circumstances that may be somewhat taken into account the motive and circumstances leading to the instant crime, and the means and result of the instant crime, taking into account the circumstances after the commission of the crime, the Defendant’s age, sexual conduct, intelligence and environment, health status, criminal record relation, and various conditions of sentencing as shown in the records and arguments, such as the circumstances after the commission of the crime, the Defendant’s age, sexual conduct, intelligence and environment, and criminal record relation.

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