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(영문) 창원지방법원 마산지원 2016.08.16 2016고단594
공무집행방해
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 28, 2016, at the defendant's house located in Hanam-gun B around 23:40 on March 28, 2016, the defendant was asked of questions about the circumstances of the case from D, the police officer of the police box in the Gyeongnam-gun Police Station C, who was called out after receiving a report 112 of domestic violence, and called out.

As the term "", the bats of the above D were flapsed and shakeed.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the prevention, suppression, investigation, and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a detailed statement of processing a report 112);

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. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

Unfavorable circumstances: there are not only the history of being punished as a crime of interference with the execution of official duties, but there are many kinds of records of being punished as violent crimes.

The favorable circumstances: The crime of this case is against the law.

The degree of violence is not serious.

There is no record of punishment of a suspended sentence or heavier for the same crime.

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