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(영문) 부산지방법원 2020.10.20 2020고단3600

공무집행방해등

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. On July 22, 2020, the Defendant: (a) reported on July 22, 2020, 200: (b) around 20:04, around 112, the Defendant: (c) obstructed the performance of official duties; (d) was urged by D, a police official belonging to the Busan Police Station C District District, etc., to use the chest part of the said D, to make the Defendant file the Defendant at his/her hand; (d) was pushed down the chest part of the said D’s chest part with his/her hand; (e) continued sound under the influence of alcohol; and (e) was pushed the victim’s chest part with his/her hand.

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

2. The Defendant openly insultingd the victim D, a police official belonging to the Busan Jindo Police Station C District District, who prevented the Defendant from committing the act of the Defendant at the time and place specified in paragraph 1, and attempted to verify the Defendant’s personal information, by saying, “In the situation where the Defendant’s family and the Dong residents hear, the Defendant’s family and the Dong residents of the city at low.”

Summary of Evidence

1. Application of Acts and subordinate statutes on police statements concerning defendant's legal statement D;

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the choice of punishment for the crime (the point of obstruction of performance of official duties), Article 311 of the Criminal Act, and selection of fines (the degree of violence, the fact that the defendant is the primary offender, and the fact that the defendant is against the law

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;