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(영문) 부산지방법원 동부지원 2019.09.04 2019고단1058

공무집행방해

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 04:20 on May 15, 2019, the Defendant was urged to return home from the police officer slope C of the police box called up after receiving a report of 112 that “the Defendant was under influence of alcohol to a taxi engineer,” and was sent to the front seat of the patrol box.

The defendant, after passing through the 31th national highways of the captain-gun, was able to see why he was "dleh" to the chief patrol vehicle in the above patrol vehicle, and was boomed in a space between the protection team, thereby interfering with police officers' legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report on investigation (limited to uniforms of duties of victim police officers and photographs inside the patrol car);

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 punishment as ordered shall be determined by taking into consideration all the circumstances, such as the criminal records (no criminal records exist) of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the background, means and results of the crime (the degree of violence), age, environment, character and conduct, circumstances after the crime;