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(영문) 창원지방법원 진주지원 2015.05.28 2015고단242
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 23:00 on March 15, 2015, the Defendant had been urged to return home from the slope belonging to the D District Unit of the Sacheon Police Station, E, and the InspectorF, who had been called up after receiving a report that a person who had been under the influence of alcohol in C Kaf in Sacheon-si B, Sacheon-si, and had continued to do so.

The Defendant, by a police officer, committed assault and assaulting a police officer, of the instant E to enter a camera again on the ground that the said E would be bad, and that he would have come back to the camera again, and that he would have come back to the knife, and that he was faced with a knife to the back water of E.

Accordingly, the Defendant interfered with the police officer's legitimate execution of duties concerning the handling of reports and the on-site visit.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A written statement of F and E;

1. Application of Acts and subordinate statutes on report of internal death (Attachment of a photograph of pedagog);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act include the following: (a) the defendant committed the instant crime while under the influence of alcohol and repenting his mistake in depth; (b) appears to have caused the instant crime by contingency under the influence of alcohol; (c) the degree of assault is not limited; and (d) the police officer and the victim did not wish to punish the defendant; (d) the defendant does not have any criminal power exceeding the same kind of power or fine; and (e) the defendant did not have any criminal power over the defendant; and (e) other circumstances constituting the conditions for sentencing as shown in the pleadings of the instant case, such as the defendant’s age, character and behavior

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