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(영문) 창원지방법원 진주지원 2015.06.11 2015고단214
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 24, 2015, at around 00:35, the Defendant: (a) was on the top of the steering line of the C-A-A-A-A-A-C-A-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-W-C-C-C-C-C-C-W-C-C-C-W-C-C-W-C-C-W-C-W-C-W-C-W-C-W-C-W-C-W-C-W-W-C-W

The Defendant: (a) the auxiliary police officer E belonging to the Gyeongnam Provincial Police Agency D, which was under the influence of alcohol control at the above temporary border and place, proposed the Defendant to board a police vehicle as above; (b) stated that the above E “Woo skkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk to see the view of the above auxiliary police officer as his hand, and assaulted the Defendant

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of F’s written Acts and subordinate statutes;

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 for the detention of a workhouse;

1. In order to establish the legal order of the country with the reason for sentencing of Article 334(1) of the Criminal Procedure Act and eradicate the light of public authority, it is necessary to strictly punish the crime of obstruction of performance of official duties.

However, considering favorable circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime of this case, the defendant committed the crime of this case in depth, the degree of assault of this case is not much serious, and the defendant is a first offender who has no criminal power, etc., the defendant shall be considered as having committed the crime of this case. In addition, considering various circumstances, which are conditions for sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, the environment

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