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(영문) 부산지방법원 서부지원 2018.04.24 2017고단2118

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On November 7, 2017, around 02:30, the Defendant: (a) in front of the Gopo Station of the Gopool Station located in Busan Northern District, 36-1, and (b) in front of the Gopool Station of the Gopool Station, the Defendant arrived at the Gopo Station, the purpose of which was to board C individual taxi of the B, but became an issue of payment of taxi fees; (b) the E details of the D District of the Busan Northern Police Station of the Busan Northern Police Station, which was dispatched after receiving a report from B, received a report from B, and expressed B a desire to report from the next.

Defendant 1 was able to talk from the Inspector E, and he was able to say that “Nedo” is the same guye to the Inspector E.

In order to catch a arms by extending outside the eth, the horse F will restrain the Defendant, and the horse F will restrain the Defendant.

To do so, a police officer may do so.

As “the Defendant’s arms were removed, the police officer’s legitimate performance of official duties in relation to the crackdown on 112 Report was obstructed by putting fat F’s f’s bat and making f’s f’s face f’s face f’ at one time by drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. 112 Reported case handling lists and investigation reports;

1. Application of Acts and subordinate statutes on the part of violence;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 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 on the Aggravated Punishment of the Aggravated Punishment Order is one of the offenses committed by the Defendant, under the influence of alcohol, by assaulting a police officer who is performing official duties, and thus, the offense is bad.

However, the sentencing factors in the records and arguments of this case, such as the fact that the defendant is against the defendant, the degree of violence is not limited, the primary offender is the defendant's age, environment, sexual conduct, motive and means of the crime, circumstances after the crime, etc., shall be comprehensively considered, and the punishment shall be determined as set forth in the text.

It is so decided as per Disposition for the above reasons.