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(영문) 부산지방법원 2020.06.15 2020고단1193

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 February 21, 2020, the Defendant assaulted “taxis” passengers on the front side of the Busan Jin-gu B market, Busan, on February 21, 2020.The Defendant, upon receiving the report of 112, was asked to identify the circumstances of the case from D by the police box of the Busan Jin-gu Police Station, who was dispatched to the site after receiving the report of 112, and was asked to undergo questions to identify the circumstances of the case, such as paying time fees, he was subject to disturbance, and he was subject to restraint against D with left hand.

Accordingly, the defendant assaulted a public official who performs legitimate duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Statement by the defendant in this court;

1. Application of the Acts and subordinate statutes to make statements in each police protocol against D and E;

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

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

1. The sentence of a fine of KRW 3,00,000 shall be imposed in consideration of the following circumstances: (a) although the nature of the instant case committed an assault against a police officer in the performance of official duties without any special reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) however, considering the fact that the Defendant led to the confession and reflect of the offense, the primary offender, and the degree of the assault is not much serious.