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(영문) 창원지방법원 마산지원 2017.08.09 2017고단593
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On January 27, 2016, the Defendant was sentenced to two years of suspended execution for a period of eight months, due to interference with the performance of official duties, etc. in the Changwon District Court Msan Branch, and the said judgment became final and conclusive on February 4, 2017, and is currently under suspended execution.

At around 00:34 on June 4, 2017, the Defendant: (a) committed an act of disturbance, such as intending to take a bath to a business owner in front of “D” in Changwon-si, a member of Changwon-si; (b) committed an assault, such as a defect in the circumstance F, who was dispatched upon receipt of a report 112, to return home to the Defendant by the Defendant; (c) the Defendant did not respond to the request; and (d) the Defendant committed an act of assaulting F, who was called “a Chewing f,” “a f,” and “a f, who was f, who was f, who was f, who was f, who was f, who was f,

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of reported cases and the prevention and suppression of crimes by police officers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. G’s statement (it does not seem that the Defendant, under the influence of alcohol, has reached a state of mental or physical loss or mental weakness at the time of committing the instant crime);

Application of Statutes

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the Defendant committed the instant crime during the period during which the instant crime was suspended; (b) the Defendant recognized the instant crime and reflects its depth; (c) the degree of violence is not very heavy; (d) there are family members in need of support; and (e) other circumstances constituting the conditions for sentencing, such as the Defendant’s age, environment, and conditions after the commission of the instant crime, shall be determined as ordered by the Disposition.

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