logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.08.22 2018고단2254
공무집행방해
Text

1. The defendant shall be punished by a fine of three million won;

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

Reasons

Punishment of the crime

On April 11, 2018, at around 00:20, the Defendant reported that B, an acting driver, was able to find the office of the Defendant to the police, on the wind that does not inform the Defendant of his house properly under the influence of alcohol while he was staying home in front of the apartment site 263-6, a luminous-ro, Busan Jin-gu, Busan.

Upon receipt of a report, the defendant called "Y, I am h, I am h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h h'

Accordingly, the defendant assaulted police officers who perform duties such as reporting processing.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the police against D;

3. The images recorded in the CD;

4. Application of each statute of photography;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (Selection of penalty)

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. The sentencing criteria are not set with respect to the decision of fine for sentencing.

In this case, since the defendant returned home due to a substitute driver during the night, the police officer D was called out after receiving a report from the substitute driver, the police officer was able to perform his duties by preventing the operation of patrol vehicles while taking a bath to D, and the quality of the crime and the criminal situation are not good.

Such crimes are highly likely to be subject to criticism because they interfere with the police's duties in charge of public security affairs in society.

A police officer D due to a defendant's crime shall have sufficient mental ability.

arrow