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(영문) 부산지방법원 동부지원 2017.01.24 2016고단2314

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 20, 2016, the Defendant assaulted the above police officer on the ground that he was under the influence of alcohol in front of the funeral hall of the C Hospital located in Suwon-gu, Busan, and was under the influence of alcohol in front of the funeral hall. On October 20, 2016, the Defendant was under the influence of alcohol in front of the funeral hall of the C Hospital, and was under the control of the D District of the Busan Southern Police Station, who was dispatched after receiving 112 report, and was under the control of the E, and was under the control of the police officer once.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the above police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to photographs of the nature of the assaulted;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are as follows, and the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, means and consequence of the instant crime, and the circumstances before and after the instant crime are determined as ordered by taking account of the various sentencing conditions as stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the instant crime.

D. Unfavorable circumstances: The nature of the crime of this case committed by the defendant who directly exercised physical power against police officers is extremely poor, and there is no need to punish the defendant strictly in order to maintain a balance between the police officers and the police officers.

The defendant recognized the crime of this case.

There shall be no history of criminal punishment heavier than suspension of qualification.

The defendant needs to be given a good opportunity to be a young adult who is over twenty-seven years of age.