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(영문) 부산지방법원 동부지원 2020.07.22 2020고단513

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 19, 2020: (a) around 00:20 on February 19, 2020, the Defendant: (b) in front of the building in Southern-gu, Busan; (c) 112 reported that the Defendant would pay taxi articles and trial expenses; and (d) the security guards affiliated with the Busan Southern Police Station C commander of the Busan Southern Police Station, who called the Defendant, assaulted the Defendant at least four times of the face of the said D, with the tobacco locks used in his hand, in order to grasp the circumstances and personal details of the case.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order recognize the defendant's mistake, the same criminal records do not exist, and the punishment is determined as ordered in consideration of all the conditions of sentencing, including the circumstances leading to the crime of this case and the degree of assault used by the defendant.