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(영문) 부산지방법원 동부지원 2019.06.20 2019고단532

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On November 8, 2018, at around 00:05, the Defendant: (a) received a 112 report that “the employee of security enterprise was assaulted by the Defendant (the Defendant)” and obstructed the police officer’s legitimate performance of duties in relation to the police officer’s duty to report 112 and arrest of the Defendant as a flagrant offender at the Busan Coast Guard D Zone D Zone of the Busan Coast Guard Police Station, and arrested the Defendant as a flagrant offender on two occasions; (b) on three occasions, two times the 112 report and face of the Defendant, and the arrest of the flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of the F and G respective Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Although the error of the defendant in sentencing under Article 334(1) of the Criminal Procedure Act does not seem to be negligible, the punishment as ordered is determined by considering all the sentencing conditions, such as the defendant's age, environment, means and consequence of the crime (the degree of intimidation and assault) and circumstances after the crime.