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(영문) 부산지방법원 동부지원 2020.04.21 2019고단2338

공무집행방해

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 23, 2019, at around 06:30, the Defendant: (a) was under the influence of alcohol in a “D” restaurant operated by C in Nam-gu, Busan; (b) on November 23, 2019, the Defendant received the said C’s 112 report to the effect that “the male guest will be sexually ill,” and received a demand for calculating the drinking value from F by a police officer belonging to the Busan Southern Police Station E-gu, Busan, who called to the site, to return home; and (c) said, the Defendant expressed F’s body twice together with the Defendant used the F’s body.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers regarding F's handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of C’s statement of damage to statutes;

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

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

1. The Defendant’s reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the instant crime that interferes with police officers’ performance of official duties by exercising abusive and violence against police officers in the course of performing official duties is not good, and that the Defendant was punished by the crime of interference with business in 2017 is disadvantageous to the Defendant.

However, the sentencing conditions in the records, such as the defendant's name and behavior, character and environment, motive or circumstance of the crime, the means and method of the crime, the contents and result of the crime, etc., shall be determined as ordered by considering the following factors: the defendant's mistake is against himself; police officers wanting to take the defendant's preference; there is no record of criminal punishment exceeding the fine against the defendant; and there is no other record of the defendant