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(영문) 창원지방법원 2015.05.13 2015고단67
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 December 8, 2014, the Defendant: (a) around 17:35 on December 17:35, 2014, at the registration office of Changwon-si, 450 Changwon-si, the Defendant was forgotten on the fact that the competent official D, who is a public official of the Changwon-si, demanded the supplementation of documents and received a return of the documents to him; (b) on the ground that he submitted the vehicle registration by supplementing the vehicle registration documents at his request, but did not handle the vehicle as soon as possible; and (c) on the ground that he did not dispose of the documents as soon as possible, he collected documents to D; and (d) on the other hand, the Defendant was fluor and one mother on the counter to D, stating that D would be able to observe the examples.

Accordingly, the defendant interfered with legitimate performance of official duties concerning the registration and transfer of vehicles of local administrative officials.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statements made to D and E;

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 to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the crime of obstructing the performance of official duties is likely to undermine the authority of the public authority and disrupt the establishment of legal order, and thus, it is urgently

However, in light of the fact that the defendant recognized the facts charged in this case and reflected his mistake, the degree of assault is relatively minor, the public official D submitted a written agreement that the defendant does not want to be punished against the defendant, the defendant does not have the same criminal record, and the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence of the same fine is imposed in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after

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