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(영문) 부산지방법원 2020.10.29 2020고정819

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. 폭행 피고인은 2019. 12. 22. 19:15경 부산 동래구 B 앞 노상에서 사회후배인 C이 얼굴에 피를 흘리는 것을 보고 C을 부축하여 이동하던 중 그 곳을 지나던 피해자 D(남, 26세)이 계속하여 자신들을 쳐다보는 것이 화가 난다는 이유로 “뭘 쳐다보냐”고 말하며 오른손으로 피해자의 안면부를 1회 때려 피해자를 폭행하였다.

2. At around 19:18 on the same day as Paragraph (1) of this Article, the Defendant received 112 reports regarding the above assault case at the same place as Paragraph (1) and arrested the police officers dispatched to the scene as a flagrant offender who inflicts bodily injury upon the victim F, the Defendant committed assault, such as: (a) putting the shoulder of the victim F, who was the police officer of the E Zone belonging to the E Zone; and (b) continuously putting the shoulder of G during the region belonging to the E Zone.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of each fine for the crime;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.