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(영문) 창원지방법원 통영지원 2016.01.22 2015고단1172
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 17, 2015, at around 20:40, the Defendant reported 112 that “D main points” in the “D main points” located in C, and sent back to the site by the Sado Police Station Ethical F, who was dispatched to the site after receiving a report, expressed the defect of returning home to the site, and expressed the above police officer’s clothes and face at one time.

Accordingly, the Defendant interfered with the police officer's legitimate performance of duties concerning 112 reporting management affairs.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. A H statement;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In order to protect the legitimate function of the country with reason for sentencing under Article 334(1) of the Criminal Procedure Act, and to establish a sound social order, strict punishment is required for interference with the performance of official duties is required. However, the defendant retired from office in good faith for 37 years as a public educational official. The defendant was the first offender who has no criminal record, and the damaged police officer is seeking a letter to the injured police official, and the damaged police officer wants the defendant's wife, the defendant is against the defendant's gender, and other various sentencing conditions indicated in the records and arguments of this case, including the defendant's age and motive for committing the crime, shall be determined as ordered by the order.

Rejection of Public Prosecution

1. The Defendant was arrested in the act of committing a crime on November 17, 2015 and transferred to the E district on the grounds as indicated in the facts constituting a crime, and the Defendant was transferred to the E district on November 17, 2015, and the circumstances leading up to the victim I, among the civil petitioners, etc., was “this bomer fla, fla, and flady flaf, such as bottled flaf, are the head of the complaint.”

똘 아이 새끼야 저 새끼는 총살 감이다" 라는 취지로 큰소리로 욕설하여 공연히 피해자를 모욕하였다.

2. Determination

(a) Applicable legal provisions: Article 311 of the Criminal Act;

(b) An offense subject to complaint:

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