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(영문) 창원지방법원 진주지원 2014.10.10 2014고단779
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 June 19, 2014, the Defendant: (a) around 22:10 on June 19, 2014, before the police box of the Gyeongcheon Police Station located in Sacheon-si B, the Defendant: (b) while getting a taxi operated by D at the time, and was asked the police officer E who was on duty at the above police box to ask questions about the circumstances when he was on duty because he did not pay a charge to D while getting on and getting a taxi operated by D; (c) the Defendant was able to ask him about the circumstances thereof; (d) the Defendant expressed to E, “Cho-si k-si ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?”

After all, the Defendant assaulted E, a police officer, to interfere with his legitimate execution of duties concerning criminal investigation and maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations with victims E);

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's act of sentencing reasons under Article 334 (1) of the Criminal Procedure Act does not correspond to the case as unfair infringement of legitimate public authority. However, in light of all the circumstances, the defendant's act at the time of committing a crime, the defendant committed a contingent crime under the influence of alcohol, the defendant did not have any record of punishment for the same kind of crime, and there is no record of punishment for the same crime, the defendant's character, conduct and environment, the circumstances and result of the crime in this case, and the circumstances after the crime, etc., and the conditions of punishment as shown in the arguments and records and arguments, the punishment shall be determined as ordered.

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