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(영문) 창원지방법원 2015.05.13 2015고단52
공무집행방해
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

On December 27, 2014, at around 04:26, the Defendant reported 112 to the effect that “A person who has been engaged in drinking house” on the front side of the E-road located in Seongbuk-gu, Changwon-si, Changwon-si, and that “A person who has no other person who has been engaged in drinking card.” The Defendant did not have a special character, i.e., a police officer belonging to the F District Police Station in the Changwon-gu, Changwon-gu, Police Station, G et al. dispatched upon receipt of the report without any justifiable reason under the influence of alcohol to ask him/her about the circumstances of the report.”

There shall be no contact with the audience and there shall be only scars.

Before 10 minutes of the patrol car that he recommended her to return to her, he/she assaulted her flaps by putting about 10 minutes of his/her patrol car, and her flaps, which he/she tried to get on the back of the patrol car.

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement related to G and H;

1. Notification to the department related to the 112 Incident Report, the application of the Act and subordinate statutes concerning the dispatch of site and arrest of flagrant offenders;

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 to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the crime of obstructing the performance of official duties is likely to undermine the authority of the public authority and disrupt the establishment of legal order, and thus, it is urgently

However, the defendant is aware of the crime of this case and reflects his mistake in depth. On November 200, except as sentenced to a fine on the violation of the Punishment of Violences, etc. Act, the defendant has no record of the same crime, and the defendant seems to have committed the crime of this case under the influence of alcohol remaining contingently. In addition, considering the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the punishment conditions under Article 51 of the Criminal Act, such as the circumstances after the crime, it shall be sentenced to a fine like the order.

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