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(영문) 창원지방법원 2017.08.18 2017고단1755
공무집행방해
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

On January 22, 2017, at around 00:15, the defendant was requested to present his identification card from E, a police official belonging to the police station of the police station of the Kim Sea, who was dispatched after receiving a report from 112 that the defendant was able to take the head of the women's head in front of the 'C restaurant in Kimhae-si B' on the front of the 'C restaurant in Kimhae-si, Kimhae-si.

Accordingly, the Defendant expressed to E that “ma gue gue, var, dye at the risk of flag, flag,” and flaged the face of E, flading the drinking to the face of E, flading the right flag of E one time in the right flag, and flading the left part of E with the wall wall flading.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Statement by the defendant in court;

1. The Defendant alleged to the effect that the Defendant had a physical and mental weak condition under the influence of alcohol at the time of committing the instant crime. However, in light of the criminal background, content and method, Defendant’s conduct before and after, and after, the instant crime, the police statement protocol against F and E had weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

Therefore, the above argument cannot be accepted.

Application of Statutes

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the Defendant was gregnded and reflects his mistake in depth, and that the Defendant did not have any other criminal record except for the same criminal record and received a fine several times, taking into account various conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, the Defendant’s age, sexual conduct, intelligence, environment, health condition, etc.

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