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(영문) 부산지방법원 2016.05.11 2015고단3859

공무집행방해등

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 1, 2015, the Defendant: (a) around 02:50, the D District District located in Busan B, and (b) the F (33 Does) seeking to leave the building in front of the building in Busan, the immediately preceding Busan, without any particular reason, “I am Chewing feas,” and (c) was feascing the left part of the drinking to be taken under paragraph (1) from him/her, and accompanied him/her to the police officer G while waiting to leave the earth’s entrance to avoid tobacco, and (d) he/she was forced to stop from G, “I am feas, this son. Gpp, name and memory.”

‘Absent with the bath of ‘B', etc., a assault was committed on the right side side of G with his/her own left hand part, etc.

As a result, the Defendant interfered with the legitimate execution of duties of police officers regarding the maintenance of order within police agencies.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes to the results of reproduction and viewing of CCTV one CD in this Court;

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 crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the defendant assaulted a police officer as above and obstructed the performance of his official duties, and the quality of such crime is not weak.

However, it seems that the defendant is against the defendant, and at the time of this case, the victim police officer seems to have been excessively or inappropriate in the course of suppressing the defendant, who is a voluntary investigative officer leaving the entrance of the earth to avoid tobacco, taking into account all other circumstances, such as the defendant's age, sex, environment, motive and circumstances of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.