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(영문) 창원지방법원 2019.07.18 2019고단717
공무집행방해
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On January 10, 2019, at around 04:56, the Defendant:4:56, at the criminal office and office of the Kimhae-si Police Station in 2307, and at the office, C, a police officer belonging to the Kimhae-si Police Station B District B District, tried to arrest the Defendant as a flagrant offender, and transfer the Defendant to another police officer, who is an investigator, he left the Defendant’s arms, and C took a bath to “the person who has to go to the principle of no taxation and the principle of no taxation,” and put the arms above it, thereby hindering the police officer’s legitimate execution of duties concerning the handling of criminal cases, etc. in accordance with C’s coke.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement regarding C;

1. Application of each Act or subordinate statute of D, E, or F

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 sentencing of Article 334(1) of the Criminal Procedure Act is based on a comprehensive consideration of the following circumstances as shown in the trial and records, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, and the sentence is determined as ordered.

A favorable circumstances: The defendant committed the crime of this case without being aware of the fact that the degree of damage is not severe: The crime of this case is poor, such as taking a bath against a police officer on duty, exercising violence, etc.; the defendant committed the crime of this case without being aware of a large number of criminal records of violence including obstruction of performance of official duties;

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