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(영문) 창원지방법원 2018.02.28 2017고단4123
공무집행방해등
Text

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

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

Reasons

Criminal facts

1. 경범죄 처벌법위반 피고인은 2017. 11. 18. 10:20 경부터 10:50 경까지 김해시 C에 있는 김해 중부 경찰서 D 지구대에서, 피고 인의 선배인 E가 폭행 혐의로 현행범 체포된 후 수갑을 착용하고 있는 것에 화가 나, 술에 취한 상태에서 큰 소리로 “야 이 개새끼야, 빨리 수갑 풀어 줘 라, 내가 누 군지 아나, 내가 검찰 직 공무원이다, 이 따위로 법집행하나, 씨 발 놈들, 너희 3개월 동안 징계 받고 푹 쉬어 볼래,

In the latter end, the word "Wood L" et al. was called "Wood L".

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. On November 18, 2017, the Defendant: (a) committed assault, such as, on the front of the said D Zone, the Defendant: (b) obstructed the performance of official duties; (c) assaulted the police officer F, who was affiliated with the D Zone, to have the said E board to board the patrol vehicle in order to bring the said E into criminal tasks of the police station in the Ganhae, Kimhae-do; and (d) assaulted the said F’s body in hand, such as dibing the f’s body in hand and bating

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. Statement made by the police with regard to F;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point where revocation of government prosecution is in place), Article 136 (1) of the Criminal Act (the point where it interferes with the performance of public duties), and the selection of fines, respectively, for the crimes;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (to the extent that the aggregate of the amounts of each of the above crimes is aggregated);

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act (hereinafter “the Act”) of the Act on the Custody in the Nowon-gu Station is that the Defendant is divided in depth into and reflects his mistake, there are some circumstances to consider the motive and circumstances leading to each of the crimes in this case, the Defendant has no record of being punished for the same kind of crime, and the circumstances and results of each of the crimes in this case, other than those, are the circumstances after the crime.

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