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(영문) 부산지방법원 동부지원 2019.10.24 2019고단1398

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On July 22, 2019, at around 02:10, the Defendant: (a) committed an assault in a manner that she was required to pay the drinking value and return home from the slope E belonging to the Busan Shipping Police Station Diplomatic Station that was called out after having been reported 112 on the day on which the Defendant did not pay the drinking value in front of the C Association located in Busan Shipping Daegu B; (b) on July 22, 2019, the Defendant stated that “Y Y Y Y Y Y Y Y Y YY Y YY YY YY YY YY YY YY YY YY YY YY

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and F;

1. G statements;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

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

1. Although the error of the defendant in the sentencing of Article 334(1) of the Criminal Procedure Act does not seem to be minor, the sentence as ordered is determined in consideration of all the sentencing conditions, including the defendant's age, environment, means and results of the crime (the degree of intimidation and assault) and circumstances after the crime.