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(영문) 창원지방법원 진주지원 2014.04.15 2013고단1181
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 8, 2013, at around 22:05, the Defendant assaulted C in front of the office of Manasan Construction (ju), 297, 44, Mancheon-gun, Incheon, and took a bath to the victim E (the age of 45) who was dispatched to the Incheon Central Police Station Diplomatic Police Station that investigated the circumstances of the instant case on the grounds that the Defendant was frighting and frighting to the office of Manasan Construction (ju), and was dispatched to the office of Mana-ro, 297, 112, and investigated the circumstances of the instant case.” The Defendant was sent to the victim E (the age of 45) who was headed of the victim.

피고인은 위와 같은 행위로 공무집행방해죄로 현행범인으로 체포되어 순찰차량에 타려고 하던 중 “야 씹새끼야. 호로새끼야. 니네들이 나를 체포해.”라고 하면서 머리로 피해자의 턱 부위와 목 부위를 들이받고, 좌ㆍ우측 정강이 부위와 배 부위를 걷어찼다.

As a result, the Defendant interfered with legitimate execution of duties concerning the investigation of 112 reported cases, and at the same time, the Defendant inflicted injury on the victim, such as impairment of the character of the wooden part that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include not only the obstruction of performance of official duties, but also the fact that the Defendant was punished several times for the same crime. While the instant crime is a crime under the suspension of execution of the same crime, the Defendant was committed in an unfavorable manner, such as when committing the instant crime, and is in profoundly against the victim, the Defendant did not inflict bodily injury, and the Defendant informed the Gwangju District Public Prosecutor’s Office of Specialized Trading of phiphonephones after committing the instant crime.

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