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(영문) 부산지방법원 동부지원 2018.10.18 2018고단1476

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On June 9, 2018, the Defendant, while under the influence of alcohol in the subway station located in Suwon-ro 576, the Defendant was issued a notice of payment of penalty for an act of disturbance of alcohol under the Punishment of Minor Offenses Act by police officers belonging to the Busan Southern Police Station C District District of the Busan Police Station, who were dispatched after receiving a report of 112 for the reason of disturbance.

The Defendant, as above, did not collect the above notification on the ground that it was caused by the occurrence of a penalty payment notification, and committed assault against D, such as taking a bath against D, who was dispatched to the police officer belonging to the said C District, and pushing his head with his body in a secret and two hands.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A E-document;

1. 수사보고( 현장 출동 등), 범칙금 납부 통고서, 112 신고 사건처리 표, 수사보고( 역 굼실 직원 E, F의 진술에 대한), 녹화 영상 CD, 수사보고( 녹화 영상 캡 처 사진 첨부), 캡처 사진 법령의 적용

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

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

1. The crime of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Minor Offenses Act is an abuse of violence against police officers on the ground that police officers were given a notice of payment of penalty for an act of disturbing drinking alcohol under the Punishment of Minor Offenses Act. The crime of this case is not appropriate in terms of the nature of the crime, and two times the criminal records of violence are disadvantageous to the defendant.

However, the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the fact that the tangible power of the defendant does not reach a very serious degree, the defendant does not have any criminal records exceeding the same criminal records or fines, and the defendant does not want the punishment of the defendant by mutual consent with the damaged police officer.