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(영문) 부산지방법원 동부지원 2018.04.19 2018고단214

공무집행방해

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 December 18, 2017, the Defendant demanded a police officer D, and E, belonging to the Busan Police Station C District Station in the Busan Police Station, to conduct a drinking test on the Defendant’s daily drinking F, on his hand, in the articles of association located 5-C in the Busan Police Station’s articles of incorporation, around 23:00 on December 18, 2017, the Defendant stated that “A’s arms shall be cut off, if measured,” and that “A’s arms shall be cut off, if measured,” and on his hand, sealed the body part, and “A’s law of the Republic of Korea is different.”

“To perform the bath theory,” and assaulted the chest part of the above E.

Accordingly, the defendant interfered with legitimate execution of duties concerning drinking measurement by police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A written statement;

1. Application of Acts and subordinate statutes to investigation reports;

1. 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 Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime of this case is that the police who was measuring alcohol so as to interfere with legitimate execution of duties concerning the measurement of drinking alcohol by using violence to the police who was under the measurement of drinking, and that the crime is not good.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the types used by the defendant do not reach the very serious degree, and the fact that the defendant has no record of criminal punishment.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The group of crimes interfering with the performance of official duties, interference with the performance of official duties, type 1 (Interference with the performance of official duties), etc.: Provided, That the sentencing criteria shall not apply because of the choice