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(영문) 창원지방법원 2018.11.08 2018고단2431
공무집행방해등
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

1. On July 3, 2018, the Defendant: (a) boarded a taxi driven by a victim B (40 years of age) around the Changwon Station located in the window in Changwon-si, Changwon-si; (b) brought the horses in front of the Changwon Science High School located in the middle of the window in Changwon-si, Changwon-si, demanding the payment of taxi fees from the victim; and (c) took the back part of the part of the victim’s back to the victim’s face; and (d) assaulted the victim.

2. Around 02:45 on the same day, the Defendant obstructed the performance of official duties, while boarding a taxi driven by the above B, and was sent to the D police box located in C of Changwon-si.

Defendant 1 heard the circumstances of the case from the above B by a policeman affiliated with the above police box, and assaulted the Defendant at his hand to ask questions about his personal information, etc. without any reason.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to B and E;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 260(1) of the Criminal Act (the point of violence) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In order to establish the legal order and order of the country with reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate public peace, a strict punishment for the crime of interference with the execution of official duties is required. However, each of the crimes in this case is deemed to have no criminal history, and contingently committed each of the crimes is deemed to have been committed, and the degree of damage resulting therefrom and the degree of interference with official duties is not much severe, taking into account the various circumstances that form the conditions for sentencing in this case, such as the Defendant’s age, sex, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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