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(영문) 창원지방법원 2019.10.16 2019고단1918
공무집행방해
Text

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

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

Reasons

Punishment of the crime

Around 14:25 on April 19, 2019, the Defendant: (a) at the Defendant’s house located in Seongbuk-gu apartment B apartment site Da, Changwon-gu, Changwon-si; (b) tried to find out the circumstances of the instant case by the slope E and F, the Changwon-gu Police Station D District of the Changwon-gu Police Station, which was called upon the report of 112, the Defendant: (c) expressed the above police officers’ desire, such as “When frightening out or chewing out of a bitch, fright, me, me, me off, me off, me off, me off, me off, me off, me off, and me off; and (d) me off, “When me me me me me me me me me me me,” and “me me me me me can me me me me me me me, me will me me.”.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on handling 112 reported duties due to violence.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of Acts and subordinate statutes to video recording and recording records;

1. Article 136 (1) of the Criminal Act applicable to the crime;

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. Strict countermeasures are required against acts that obstruct the performance of official duties by police officers on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order.

The method of committing the instant crime is not good when the Defendant expressed a desire to the victimized police officer during a considerable time.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

As a crime committed by a defendant in his/her house, the contents of violence that the defendant used to police officers are relatively minor.

Defendant is violent.

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