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(영문) 창원지방법원 밀양지원 2014.04.24 2014고단23
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 13:00 on October 1, 2013, the Defendant attempted to enter the construction site to oppose the construction of transmission lines from the access road to the construction site of the electric transmission line No. 765kV89, which is located on the site of the electric transmission line. On October 1, 2013, the Defendant was removed from police officers, such as the victim C (W, 33 years old) belonging to the Changwon High Police Station B district unit, etc., and obstructed the Defendant’s legitimate execution of duties concerning the maintenance of order and security at the site of the demonstration of the above C, as soon as he/she was exempted from police officers, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Each internal investigation report and investigation report;

1. Application of the photographic Acts and subordinate statutes;

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 crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is inferior to the quality of the crime of this case where a police officer performing his/her duties was inflicted a shoulder injury as soon as possible, but there is no criminal record, and there is no record of the crime, and it is difficult to regard the victim as being injured, and other circumstances such as the age, character and conduct of the defendant, and the circumstances leading to the crime of this case, etc. shall be determined as per the order.

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