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(영문) 창원지방법원 2017.08.31 2017고단2086
공무집행방해등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 13, 2017, at around 00:05, the Defendant violated the Punishment of Minor Offenses Act: (a) reported C that he was under the influence of alcohol on the front of Kimhae-si, Kim Jong-si; (b) but C, who attempted to ignore it and enter his house, and reported 112, C, was driving a police vehicle (F) under the jurisdiction of the police station D in the middle of the Kimhae-gu, the police station D during the dispatch of which he was called after receiving a report, and reported 112, she stopped the above police vehicle, and (c) took off the police vehicle, and (d) took place for the above E to stop, and (e) want to rescue a person, who would be able to kill, die, and rapidly kill a person; or (b) desire to die;

I would like to report murder; or

A false report was made with the content that “Saro” was read and promptly.

2. On April 13, 2017, the Defendant interfered with the performance of official duties: (a) around 00:12, on the road in front of Kimhae-si, the victim E, who was affiliated with the police station D in the mid-gu Police Station in the Kimhae-si, confirmed the inside of the above C’s house; (b) the Defendant’s explanation from C, in order to confirm the details of the Defendant’s report, and to confirm the personal information of the Defendant, etc., the Defendant left the road without responding to his personal information; and (c) the damaged person continuously demanded the Defendant to stop the Defendant, and to check whether or not he made a false report, the Defendant forcibly forced the victim’s right-hand part of the victim’s hand-on one hand, and caused the Defendant to brea the victim’s escape.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of crimes by the victim who is a police officer, public peace and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E, G, and C;

1. Each photograph;

1. 112 Application of the Acts and subordinate statutes of the Table for Reporting Processing;

1. Relevant provisions of the Criminal Act and Article 136(1) of the Criminal Act (the obstruction of performing official duties, the choice of imprisonment), and Article 3(3)2 of the Punishment of Minor Offenses Act (the point of false reporting, the choice of fines).

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