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(영문) 창원지방법원 2015.04.29 2014고단3461
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On December 14, 2014, at around 00:30, the Defendant: (a) viewed that a passenger car of a police officer belonging to the said district is parked in front of the vehicle parked in the front of the parking lot of the Changwon Police Station D District D District, which is located in Changwon-si, Changwon-si, the Defendant: (b) viewed that the said passenger car is parked in front of the vehicle parked in the front of the said district; and (c) used the said passenger car as a typ; (d) said, the Defendant saws the typ of the said car as a police officer belonging to the said district; and (c) said, the Defendant used the e, a police officer belonging to the said district group, such as C, “spack, a few spack, a bit bitch, a bitch, a bitch bitch,” and used the e, a policeman’s face.

Accordingly, the defendant interfered with the legitimate execution of public duties by police officers on the maintenance of public peace and order.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. Application of the G’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 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, the defendant recognized the facts charged in this case and against his mistake, the police officer E does not want the punishment against the defendant, there is no criminal record since 2004, and the fact that the vehicle is parked in front of his own vehicle under the influence of alcohol leads to the crime in this case by accident, and the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. shall be sentenced to a fine like the order, considering the sentencing conditions under Article 51 of the Criminal Act, such as the sentencing conditions stipulated in Article 51 of the Criminal Act.

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