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(영문) 창원지방법원 2020.01.10 2019고단3251
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On September 21, 2019, at around 20:27, the Defendant: (a) 112 reported that the occurrence of a traffic accident occurred; and (b) the slope E belonging to the D District Police Center of the Kimhae-si Police Station of the Kimhae-si, called “Fence, in anywhere in the police bom, fence, inside, and inside, anywhere in the fence, fence, and police”; and (c) flicked by hand the parts of the above E, flick, flick, and flick.

Accordingly, in order for the above E to be arrested as a flagrant offender, he assaulted the Defendant on the floor, such as a boomer’s chest part of F, who was called together with the above E, on the floor.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning 112 reports and criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes to photograph by capturing a course;

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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 on the grounds of the provisional payment order is based on the following factors: (a) the Defendant’s age, character and conduct, health conditions, the degree of assault exercised by police officers; (b) the details and circumstances of the instant crime; and (c) the circumstances after the instant crime, etc., and the sentence

Unfavorable circumstances: The defendant has exercised violence against police officers in the course of performing official duties, and the circumstances that are favorable to the quality of the crime: The confession and reflect of the defendant, and the first offender who has no record of criminal punishment;

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