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(영문) 창원지방법원 2017.11.09 2017고단2900
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

On April 20, 2017, the Defendant: (a) around 20:10, Sungwon-si, Sungwon-ro 20 U.S. Madro 20 (On the road; (b) when the Defendant’s B B B B-P vehicle for the economic traffic in the Changsi-si and local government officials D, parking control assistants E, F, and G, the Defendant demanded to revoke the crackdown on the violation of parking regulations against the said D, etc. on the ground that the said D, etc. was refused, the Defendant demanded the revocation of the crackdown on the violation of parking regulations against the said D, etc.; (c) on the ground that the said D’s refusal, etc., four vehicles on board, such as the above D-V vehicle with approximately 50 meters away from 50 meters away from the front of the crackdowned vehicle of the Defendant, the Defendant obstructed the vehicle in front of the crackdown on the violation of spirits, and then placed the vehicle in the said D-V vehicle in front of the crackdowned vehicle, thereby preventing the operation of the vehicle in front.

As a result, the Defendant interfered with the legitimate execution of duties concerning the crackdown on the above D et al., who is a public official in parking control.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to D, E, G, and F;

1. Complaint;

1. Application of Acts and subordinate statutes to report internal investigation;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. On the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing conditions stated in the records of the instant case, such as the following circumstances and the Defendant’s age, sex, family relation, family relation, home environment, motive and means of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as ordered by the Criminal Procedure Act.

The favorable circumstances: The defendant recognized the crime of this case and reflects the fact that the damaged public officials do not want the punishment of the defendant, and that there is no record of criminal punishment due to the same crime: The crime of this case is the execution of official duties of the public official.

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