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(영문) 부산지방법원 동부지원 2017.05.18 2017고단495
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On February 16, 2017, at around 00:50, the Defendant entered the scene on the ground that he/she is involved in the family day when he/she is requested to check his/her identity and ask questions about the circumstances of the case from the slope D (29 tax) belonging to the police station of the captain called to the site after receiving 112 reports related to domestic violence in front of Busan District B, Busan District, and called to the site; and

N. L. L. Doz.

“Along with the sound of “, as a spawn, spawn with the drinking of the drinking, and assaulted three times, such as flabing bat, and flabing three times.”

Accordingly, the defendant interfered with legitimate execution of duties concerning the handling of 112 reported cases by police officials.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed by threatening the police officer’s view to check the identity and ask questions about the circumstances of the case from the police officer dispatched to the site after receiving the report related to domestic violence and threatening the police officer to ask questions about the identification and the circumstances of the case, and thus, the nature of the crime is not good. The defendant committed the crime of this case even though he was a pro rata crime, but committed the crime of this case during the suspension of execution.

However, there are favorable circumstances such as the fact that the defendant recognized the facts charged and seriously reflects the facts charged, and that the defendant seems to have committed a crime by drinking.

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] - Interference with the Execution of Official Duties: Group of Crimes Interfering with the Execution of Official Duties, Interference with the Execution of Official Duties, Type 1 (Obstruction of the Execution of Official Duties), etc. - Provided, That the sentencing criteria are not applied as fine is

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