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(영문) 부산지방법원 2015.01.14 2014고단8521

공무집행방해

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 13, 2014, at around 23:03, the Defendant: (a) sought explanation from D, the police officer assigned to the above C police box, that “on the way to walk the cab to the Defendant’s residence; (b) tried to cross the 6th line without permission by using the crosswalk at around 50 meters; (c) on the ground that E (Nam, 51) an assistant to the said C police box affiliated with the said C police box (Nam, 51 years old) brought the Defendant back to the delivery; (d) took a bath, and (e) took the face and neck of the above E on his hand, thereby hindering the police officer’s legitimate performance of public duties pertaining to the protection of the life, body, and property of the people.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act include: (a) agreement with E as police officers; (b) the accused is against the police officer; (c) the accused has no criminal records subject to punishment for the same kind of crime; and (d) the circumstances, contents, criminal records, age, character and conduct, etc. of the instant crime are comprehensively considered in light of various conditions of sentencing specified in the arguments in the instant case, including the background and contents of the instant crime