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(영문) 창원지방법원 마산지원 2020.02.11 2019고단1326
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 16:20 on December 19, 2019, the Defendant assaulted the police officer D's baton with bather hand on the ground that the police officer D belonging to the Mapo-dong Police Station of the Mapo-dong Police Station called the site after receiving a report of 112 on the state cancellation column at C cafeteria located in Changwon-si, Changwon-si, Masan.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (related to attachment of CCTV confirmation around the damaged place);

1. Application of the Acts and subordinate statutes to cut CCTV images;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won;

2. Non-application of the sentencing criteria: The sentencing criteria shall not be applied by selecting fines.

3. The Defendant, who has rendered a sentence, is punished by a disturbance for principal cancellation in a restaurant.

The breath of the police officer called was assaulted by booming the breath of the police.

In the Changwon District Court Branch on August 28, 2019, it was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended execution due to the crime of obstruction of performance of official duties, etc., and the judgment on September 5, 2019 became final and conclusive and conclusive on September 5, 2019, but there is no possibility of criticism for the same crime

In addition, there are several violence challenges.

However, the defendant reflects on the crime.

The degree of violence is relatively more severe, and even though it was done, the damaged police officers did not have any injury.

The agreement between the damaged police officer and the damaged police officer after prosecution is reached, and the damaged police officer does not want the punishment of the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the pleading.

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