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(영문) 부산지방법원 2018.09.12 2018고단1675

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On February 21, 2018, at around 20:30, the Defendant received a report of 112 on the 302-dong 302-dong 5-dong 302-dong 5-dong 119 Joint Response, and was accompanied by the Defendant to have the Defendant returned to the Defendant, F shall return to her house, with respect to the Defendant’s son and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.

Now, however, it is a police officer and has tried to help her son. It is fake to us and if her blick is click.

As stated in the paragraph “,” I expressed the desire to “Chewing gue,” and assaulted F’s left arms by bad hand, such as shaking F’s breast part by hand, and f’s f’s breast part by hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Police statements made to E and F;

1. Application of the CD 1 statute

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

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, the defendant does not commit the same crime as in this case when he had no other record of crime except that he was punished twice as a fine due to a crime of double-class crime, and he appears to have committed a contingent crime under the influence of alcohol and reflects his mistake in depth.

In addition, considering the overall circumstances that are the conditions for the sentencing of the instant case, such as the fact that the degree of interference with the execution of public duties is relatively heavy, the sentencing of the instant case shall be punished by a fine only once, and the punishment as ordered shall be determined by the order.