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(영문) 창원지방법원 통영지원 2016.12.23 2016고단1679
공무집행방해
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 4, 2016, at around 21:25, the Defendant: (a) received a report of the Defendant’s assault case on the road in front of the frequency of “E” located in Gyeongnam-gun; (b) prevented the Defendant; (c) assaulted on two occasions the left chest of G on a drinking ground, which was called out by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of H and G;

1. A written statement of I;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the 112 Reporting Report List, and the F District Work Hours Regulations;

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. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an assault against a police officer who performs legitimate official duties, and requires strict punishment to protect the legitimate functions of the State and to establish a sound social order.

However, according to the relevant provisions, the injured police officers do not want the punishment of the defendant, there are no other criminal records other than the suspended sentence in relation to the violation of the Road Traffic Act in 2000, and the defendant reflects the fact that there is no other criminal records, and the defendant acquires the qualification as an assistant instructor for instruction of specialization, which is an important national intangible cultural heritage, and make efforts to receive the transferred qualification. According to the relevant provisions, if imprisonment without prison labor or heavier punishment becomes final and conclusive, a fine shall be selected by comprehensively taking into account the defendant's age, character and behavior, environment, motive for the crime, etc., and the various sentencing conditions indicated in the present arguments and records

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