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(영문) 창원지방법원 2020.01.10 2019고단2900
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 31, 2019, at around 00:40, the Defendant: (a) destroyed the Defendant’s arm’s body attached to the Busan Police Station C police box that “A defendant does not get off without paying the fare by boarding a taxi; (b) the Defendant, upon receipt of a report from the Defendant, left the Defendant to pay the fare for the taxi; and (c) the Defendant was unable to start the taxi due to approximately one-minute druping after the taxi; and (d) attempted to break down the Defendant’s arm’s body that was defective in order for the Defendant to move back to the next place.

As a result, the defendant interfered with police officers' legitimate performance of their official duties on handling reported cases and protecting the hosts.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of D and E;

1. Application of the Acts and subordinate statutes governing damage photographs to patrolmen;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by comprehensively taking account of the following circumstances, Defendant’s age, character and conduct, health conditions, degree of assault exercised by police officers, details and circumstances of the instant crime, and circumstances after the instant crime.

Unfavorable circumstances: The defendant has exercised violence against police officers in the course of performing official duties, and the circumstances that are favorable to the quality of the crime: The confession and reflect of the defendant, and the first offender who has no record of criminal punishment;

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