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(영문) 부산지방법원 동부지원 2017.11.30 2017고단1825

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 7, 2017, at around 01:25, the Defendant 112 reported a 112-way fright, such as taking a bath to the players under the influence of alcohol at the eurine park located in the eurine of U.S., U.S., Busan, on August 7, 2017, sent out after receiving a report from the victim C (33 years old) who was the eurbbbbbbbbb in the Busan Southern Police Station B (33 years old). The Defendant d (M, 35 years old) spited the face of the victim D in order to arrest the Defendant as an offender in the act of interference with the performance of official duties, and broken off one time the Defendant’s left part.

계속하여 피고인은 현행범으로 체포되어 순찰차량 뒷좌석에 태워 져 지구대로 가 던 중 발로 운전석에 앉아 있던 피해자 C의 머리를 1회 찼다.

As a result, the Defendant interfered with the victims’ 112 Report Processing and the lawful execution of duties related to the arrest of flagrant offenders, and at the same time, the Defendant inflicted injury on the victims C, such as “greshing and galging around snow,” which requires approximately two weeks of treatment, and suffered injury on the victims D, such as “masting on the left side” which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each victim;

1. A criminal investigation report (the current dispatch status, the suspect's speech and behavior, etc.), and a criminal investigation report (on-site witness, etc.);

1. Application of investigation reports (as to the attachment on the top of a police officer in mobilization), each investigation report (as to attachment of a medical certificate) and statutes;

1. Article 136 (1) and Article 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment order interferes with the legitimate performance of official duties by police officers dispatched by the defendant upon receiving 112 reports.