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(영문) 부산지방법원 동부지원 2017.03.29 2017고단135

공무집행방해

Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

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

Reasons

Punishment of the crime

피고인은 2016. 12. 30. 00:30 경 부산 남구 B에 있는 ‘C’ 주점에 술에 취한 상태로 별다른 이유 없이 들어가 업주 D로부터 나가 달라는 요청을 받고도 이에 응하지 않는 등 소란을 피우다가, 112 신고를 접수 받고 출동한 부산 남부 경찰서 E 파출소 소속 경위 F으로부터 귀가 요청을 받자, 이에 화가 나 “ 씨 발 놈 아, 니가 뭔 데, 개새끼야 왜 나한테 이라 노, 쥑이 삔다.

“In doing the bath of “,” assaulted the crime prevention booms that the F was put into custody by hand, such as booming them.

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of reported cases and crime prevention affairs by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an act of violence by a police officer who solicits him to return home from the main point of view, and is disadvantageous to the fact that the nature of the crime is not good.

However, it is favorable for the defendant to recognize the facts charged and seriously reflects the facts charged, the fact that the defendant seems to have committed a contingent crime by drunking, and that the defendant has no record of criminal punishment except for three fines.

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 are not applicable since they choose fines.