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(영문) 부산지방법원 동부지원 2018.01.25 2017고단2565

공무집행방해

Text

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

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

Reasons

Punishment of the crime

On November 18, 2017, the Defendant received a demand from E to return a disturbance while drunk in front of C cafeteria located in the north-gu at the port of port on November 218, 2017, from the police box belonging to the coastwise Police Station of the Port of the Republic of Korea called upon upon receipt of a 112 report, to return the disturbance in front of C cafeteria located in B at the port of port.

The franchis frier had a part of the above circumstances once by the hand hand, while the flachisk "Woo" was sounded.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Investigation report (in relation to on-site conditions), investigation report (at the patrol box to be carried to a police box), investigation report (at the time of carrying to a police box), application of the statutes to the police box;

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

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an act of violence to the police dispatched after being so drunk and being reported 112, and the nature of the crime is not good.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, the extent of the type of the defendant's exercise is very serious, and the defendant has no criminal record exceeding the same criminal record or fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - Fines are selected, and the sentencing criteria are not applicable.