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(영문) 부산지방법원 동부지원 2017.07.13 2017고단1106
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On May 28, 2017, the Defendant: (a) around 01:38, the Busan Southern-gu, Busan-ro, 148, and (b) around the Busan-do, Busan-ro, the Defendant interfered with the passage of the vehicle by “the drunk is driving a motor vehicle on the road.”

“A police officer’s lawful performance of duties concerning the dispatch of a police officer’s 112 report was obstructed by assaulting C on the ground that C police officers assigned to the Busan Southern Police Station B police box, who received a report, would restrain the Defendant’s behavior, and that C’s face was taken once a week, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

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 ground of sentencing under Article 334(1) of the Criminal Procedure Act is committed against a police officer dispatched after receiving a report that the defendant gets a walk on the road and interfered with the passage of the vehicle, and the nature of the crime is not good.

However, there are favorable circumstances such as the fact that the defendant's charges are seriously against the defendant, and that the defendant is the first offender who has no record of criminal punishment.

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] - The group of crimes interfering with the performance of official duties, interference with the performance of official duties, type 1 (Interference with the performance of official duties), etc.: Provided, That the sentencing criteria are not applicable since they choose fines.

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