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(영문) 부산지방법원 서부지원 2020.05.08 2019고단2603

공무집행방해

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 22, 2019, around 21:25, 2019, the Defendant: (a) was placed on the floor in the C Driner C, which was called up on October 22, 2019, and reported by 112, that the Defendant was written on the floor; and (b) was called up on the floor, the Defendant: (c) was placed on the part of the Defendant, who was located in the D Zone D, Busan, Busan, which was called up on the floor.

After that, the defendant called "Nea police house, spawal site, and spawal", and the defendant caused E's spawala by hand at one time, and E's spawala by hand at one time.

The defendant continued to be arrested as a flagrant offender in the crime of obstruction of performance of official duties, and assaulted the E's body by hand, and walking the E's body at one time.

Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the damaged part photograph, investigation report (fixture photographs and field images);

1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is very bad in view of the crime circumstance, method, etc., where the crime of this case was committed by exercising a direct force on the body of police officers performing official duties, and the crime of this case is committed.

However, the defendant seems to have been trying to recover from damage, such as the defendant's attitude to repent and reflect late and late, and the defendant's intention to recover from damage.

In addition, the sentence shall be determined as per the order, comprehensively taking into account the following factors, such as the defendant's age and behavior environment, motive means, results of the crime, and circumstances after the crime, and the sentencing conditions shown in the records