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(영문) 부산지방법원 2019.06.12 2019고단1426

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 March 19, 2019, at around 01:45, the Defendant, at the “C,” located in Suwon-gu B and the first underground floor of Busan, and at the Busan, the Defendant, upon receiving a report, sent a 112 report, she took a bath to “I am friend, I am me to see why the identification card is presented, if I am friend, I am me to see that I am to see the fact of the instant case, and if I am to ask for a presentation of identification card after considering the circumstances of the instant case.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes on police statements made to F and E;

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

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, the Defendant, in addition to being punished three times by a fine due to a crime of different types, has no previous record of force or violence, and the Defendant appears to have committed a contingent crime under the influence of alcohol, and is likely to not commit the same crime as in the instant case again, and at the same time refrain from committing the same offense, he/she should be punished by a fine, taking into account all the circumstances that constitute the conditions for the sentencing of the instant case, and such punishment shall be determined as ordered.