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(영문) 창원지방법원 마산지원 2018.10.16 2018고단830
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 June 8, 2018, at around 02:24, the Defendant, under the influence of alcohol on the first floor of the house located in Masan-si B, Changwon-si, Changwon-si, the Defendant suspended the act of disturbance, entered the house, and filed a petition by the police box C, the police box belonging to the Masan-si, which was called upon to the 112 report. However, the Defendant assaulted the chest of the said D on hand by putting it into his hand.

Accordingly, the defendant assaulted police officers and interfered with the legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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 assault wishes to punish the defendant, the degree of violence and obstruction of official duties in the judgment is relatively excessive, the defendant is led to confession and reflect, and above all, the defendant is the first offender who has no previous criminal record, and the punishment as set forth in the disposition shall be determined by taking into account the fact that the defendant is the first offender who has no previous criminal record.

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