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(영문) 창원지방법원 2019.09.25 2019고단1867
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 22:35 on May 10, 2019, the Defendant: (a) stated that the police officers of the Gyeonggi Military Police Station C police box of the Gyeonggi Military Police Station, who received a report of 112 having a time limit for taxi fares, would pay a taxi fare and be invited to return home to the house after receiving a notification of 112 that there was a time limit for taxi fares; (b) stated that “I would like to see how I am to do so, and I am to do so; and (c) assaulted the Defendant’s left chest of the said D one time by taking his own hand that “I am off and talk.”

As a result, the Defendant interfered with the legitimate execution of duties of police officers with regard to the 112 Reporting and Withdrawal Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to report on investigation and report on investigation;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) the Defendant’s age, character and conduct, the contents and circumstances of the instant crime, and the circumstances after the commission of the crime shall be determined as follows:

There is a need to strictly cope with acts that obstruct the performance of official duties by police officers.

The defendant's use of violence against police officers is not easy, and the criminal liability is not weak in that the defendant's use of violence to police officers causes considerable obstacle to the police officer's performance of official duties.

The favorable circumstances: The Defendant recognized the instant crime, thereby not repeating the same mistake.

Defendant has no record of criminal punishment for violence-related crimes or the same kind of crime.

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