beta
(영문) 부산지방법원 2017.05.11 2016고단7850

공무집행방해등

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The Defendant in violation of the Punishment of Minor Offenses Act, on September 18, 2016, at the C District District Station in Busan, which is a government office located in Busan Seo-gu B, Busan, and at the C District Station in Busan, on September 18, 2016, was under the influence of alcohol, and the Defendant was dead at the police station in the place where he was under the influence of alcohol.

D. Findings for the 10 minutes of disturbance, such as unloading the consignee from a friendly mountain, which was cited by the her bath theory, was difficult.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

2. The Defendant interfered with the performance of official duties, at the time, at the place specified in Paragraph 1, and at the same time and place, assaulted once by the Defendant at the right angle of the C District in the address of Busan, which requires a measurement of drinking reduction in order to verify the Defendant’s state of drinking during the disturbance.

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police;

1. Application of the photographic Acts and subordinate statutes;

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of obstructing the performance of official duties) concerning the crime;

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. It is so decided as per Disposition for the reasons under Articles 70(1) and 69(2) of the Criminal Act or above.