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(영문) 창원지방법원 마산지원 2019.05.22 2019고단201
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On February 10, 2019, at around 04:45, the Defendant: (a) committed an assault to the said E, who was urged to return home from the police officer E, who was called out after receiving a report from 112, before the C Burial located in the Masan-si B, Changwon-si; (b) “ young male frightly frightly frightly frightly frightly frightly frightly frightly frighten; and (c) frightly frightly frightly frightly frightly frighted

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to the F Statements;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime is not likely to be committed by exercising active violence against police officers in uniform for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.

However, in light of the fact that it is not immediately arrested as a flagrant offender after the above assault, it does not seem that the degree of violence was serious.

On the other hand, the defendant has no record of punishment except where he/she recognizes the fact of crime and reflects it, and is sentenced to a fine once.

In agreement with the damaged police officers, the damaged police officers do not want the punishment of the defendant.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.

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