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(영문) 창원지방법원 마산지원 2018.08.21 2018고단599
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On April 1, 2018, at around 20:02, the Defendant was under the influence of alcohol in front of the “Os shop” located in the territory of the Republic of Korea, the Defendant: (a) set up a disturbance in front of the “Os shop” and carried out a bath for the drivers; (b) was under the influence of alcohol in front of the “Os shop,” and (c) was under the control of the police box located in the territory of the Republic of Korea, the police box located in the territory of the Republic of Korea, by means of a slope D affiliated with the police box located in the territory of the Republic of Korea.

The Defendant, at around 20:50 on the same day, was on the street before the police box at around 20:50, on the ground that the above D continuously solicits the Defendant to return home and ask the Defendant’s residence.

"At the same time, D's kick with his hand was twice."

As a result, the defendant assaulted police officers and interfered with the legitimate performance of their duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

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

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. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act is serious in the nature of the crime of obstructing the performance of official duties and the police officer subject to the assault wishes to punish the defendant, the degree of the assault and obstruction of official duties in the judgment is not so heavy, the defendant is led to confession and reflect, and the defendant is a first offender without any previous conviction, the punishment as set forth in the judgment shall be determined in consideration of the above facts.

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