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(영문) 부산지방법원 서부지원 2019.05.16 2018고단2254

공무집행방해

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 October 16, 2018, at around 05:10 on October 16, 2018, on the ground that patrols patrol the front of his residence in the C District District located in Busan YB, the Defendant spreads garbage to the earth’s floor, strings, computers, and strings, and other public equipment, such as the earth’s floor, strings, computers, and strings, and spread garbage to D’s head and clothes to prevent the police officers belonging to the C District.

As a result, the Defendant interfered with the legitimate execution of duties of police officers on the maintenance of public order.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. To captures of CCTV images and field photographs at the scene of crimes;

1. Application of Acts and subordinate statutes to each investigation report (on-site CCTV verification, such as site conditions);

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fine not exceeding 10 million won;

2. Determination of sentence: a fine of KRW 5 million (unlimited circumstances) is not sufficient to commit the instant crime on the ground that the Defendant’s duties by a police officer responsible for the maintenance of public order and order are dissatisfying the duties of the police officer responsible for the maintenance of public order.

The Defendant, who committed the instant crime, is dissatisfied with the police officer’s fault.

【Lied circumstances】 The Defendant recognizes his criminal act.

Defendant is an initial offender who has no criminal record.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.