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(영문) 부산지방법원 2019.01.16 2018고단117

공무집행방해

Text

1. The defendant shall be punished by a fine of five million won;

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

Reasons

Punishment of the crime

On December 24, 2017, the Defendant, at the front of the Busan Dong-gu B apartment, Busan, and reported on the fact that a drunk person was in a way to use on the road, sent to the Defendant’s bath, such as Da(41) affiliated with the Dong-gu Police Station C District, and Habman, who was called for, and called for, himself/herself.

In addition, the defendant requests the above police officers to return home, and while being accompanied by the back seat of the patrol vehicle, attached the clothes of the E and D, which were driven by the driver outside the driver's seat, were set up a patrol vehicle to control the defendant, and the back seat was set up one time at the right side of D with the heater and drinking.

Accordingly, the Defendant assaulted police officers who perform their duties such as handling reports and maintaining street order.

Summary of Evidence

1. Part of the police interrogation protocol of the defendant

2. Statement made by the police against D;

3. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment prescribed for a crime against D with heavier punishment).

3. Selection of an alternative fine;

4. Reasons for sentencing under Articles 70 (1) and 69 (2) of the Criminal Act to attract the workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. The sentencing criteria are not set with respect to the decision of fine for sentencing.

In this case, the defendant was set at a distance during night, and the police officers D and E sent out upon receiving a report and taking protective measures against the defendant, and in the course of returning home to the patrol vehicle at the request of the defendant, the above police officers assault the above police officers to interfere with their execution of their duties, and the nature of the crime and the crime are not good.

Such crimes are highly likely to be subject to criticism because they interfere with the police's duties in charge of public security affairs in society.

The above police officers are physical due to the defendant's crime.