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(영문) 창원지방법원 마산지원 2018.03.07 2018고단133
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On December 2, 2017, at around 20:40, the Defendant committed assault, such as: (a) around 20:40, at the residence of the Defendant located in the Simsan-si, Changwon-si; (b) 112 reporting that the Defendant provided a marital fighting; (c) the background D belonging to the Msan-dong Police Station C District Unit of the Msan-dong Police Station, which was called up with the Defendant, attempted to make the Defendant genuine; (d) twice the chest part of the said D’s chest by hand; and (e) continuously prevented the Defendant’s hand, etc. on the left side of the Gyeongnam-si, the Defendant committed assault on twice the chest part of E by hand.

Accordingly, the defendant assaulted police officers and interfered with their legitimate execution of duties concerning the handling of reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes to photographs damaged;

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

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

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are to recognize the Defendant’s mistake, to seek and reflect statements, to be the primary offender, to constitute the instant crime under the influence of alcohol in the middle of marital fighting, and to other factors indicated in the record, such as the Defendant’s age, environment, motive for the commission of the crime, and circumstances after the commission of the crime, etc.

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