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(영문) 창원지방법원 진주지원 2016.06.29 2016고단331
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On March 11, 2016, the Defendant demanded that a slope D belonging to the Jinju Police Station C District would pay a substitute driving fee, which was reported and dispatched upon the report, from March 21, 2016 to the police officer on March 21, 2016.

"......................."

After taking a bath, “the faces of police officers were threatened as they take the face of the police officer.”

Accordingly, the defendant interfered with the legitimate execution of duties concerning the maintenance of police officers' order and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes to each black boxes and video CDs

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act obstructs the performance of official duties by means of intimidation, etc. against a police officer dispatched by the defendant as his own disturbance, the punishment as ordered shall be determined by taking into account the circumstances favorable to the defendant, such as the fact that the defendant commits a crime against him, the fact that the police officer does not want the punishment of the defendant by committing the crime against the pertinent police officer, the fact that the defendant does not have the same criminal history as the defendant, the fact that the defendant has no record of punishment, and there is no record of punishment, and other various sentencing conditions as shown in the records and theories of this case, such as the defendant's age, sexual behavior, etc.

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