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(영문) 창원지방법원 밀양지원 2017.10.19 2017고단390
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 25, 2017, at around 00:38, the Defendant: (a) was in front of the C fishing village located in Sinnam-gun B; (b) was reported on July 25, 2012 that he was under the influence of alcohol and was sent to the police box affiliated with the police station D police station, E, and F sent the Defendant, who was under the influence of alcohol on the road, into India, and tried to confirm the Defendant’s personal information; (c) without any justifiable reason, “I will come to know of the inside and go to the police station; and (d) I assault the Victim F’s back-to-date on the right edge.”

As a result, the Defendant assaulted the police officer dealing with the 112 reported case, thereby hindering the police officer's legitimate performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes of E;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that there is no record of punishment for the same crime as the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, and the sentencing conditions indicated in the records, such as the defendant’s age, environment, motive, means and consequence of the crime, etc., the punishment is determined as ordered.

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