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(영문) 부산지방법원 동부지원 2019.01.24 2018고단1963

공무집행방해등

Text

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

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

Reasons

Punishment of the crime

On September 24, 2018, at around 20:14, the Defendant sent to the site a report of 112 "in front of an officetel Btel in Suwon-gu, Busan, the Busan Southern Police Station C District of the Busan Southern Police Station (ma, 30 years of age) who was dispatched to the site after receiving a report of 112 "on the front of an officetel," was urged by the Defendant to check the Defendant, who was faced with E, while hearing the statements of the victimized female E, to check the Defendant, and to check the head of D by hand, and to check the right arms and the left shoulder.

As a result, the Defendant, who is a police officer, interferes with the legitimate execution of duties on the handling of 112 Reports by the victim D, and at the same time, requires approximately two weeks of treatment to the victim.

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes to investigative reports (fields, etc.), photographs of injury, 112 reported reports, list of cases handling, investigation reports (Attachment of opinions), opinions of doctors, and statement of investigative status;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act is committed by exercising violence against the police dispatched after receiving 112 reports, and thereby causing injury to the police. The nature of the crime is not good, and the fact that the defendant was unable to agree with the victim is disadvantageous.

However, there are favorable circumstances such as the fact that the defendant's charges are seriously against the defendant, that the degree of damage to the victim is not much serious, that the defendant seems to have committed a contingent crime by drinking, and that the defendant is the first offender who has no power to impose any criminal punishment.

In addition, this case's age, character and conduct, environment, means and results of crimes, and circumstances after crimes, etc.