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(영문) 창원지방법원 통영지원 2018.07.24 2018고단479
공무집행방해
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 The Defendant was sentenced to imprisonment for six months with labor for a crime of violating the Road Traffic Act at the Changwon District Court’s branch on March 28, 2017, and the decision became final and conclusive on April 5, 2017, and is currently in the period of suspension of execution.

【Criminal facts】 On March 9, 2018, the Defendant: (a) around 23:10 on March 9, 2018, 166 U.S. Mapo-dong Mapo-dong Mapo-dong Mapo-dong Mapo-dong Mapo-dong 106.

“A police officer, a police officer, who was dispatched to the site after receiving a report 112, would be urged to return home from Sloping C, a police officer, a police officer affiliated with B police station B police station, to return home to the site. B, “I am son,” and I am son’s body with the hand floor at once, at once, and the left-hand bucked with the left-hand son at once, and the left-hand bucked with the slope C.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Previous convictions: Inquiry into criminal history, investigation report (verification of the history of probation and attachment of the copy of the relevant judgment), and application of the text of the judgment;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the Defendant reached the instant case during the period of suspension of the execution due to drinking driving, and that the Defendant assaulted the police officers on duty to commit the crime and the nature of the crime is very poor. However, considering the fact that the Defendant agreed with the victimized police officers in entirety, and that the Defendant is in profoundly against this case

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