(영문) 부산지방법원 동부지원 2018.01.17 2017고단2395

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 동부지원 2018.01.17 2017고단2395

공무집행방해

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On October 20, 2017, around 23:00, the Defendant: (a) received a 112 report from the head of the Busan Southern-gu District Police Station D District, which was sent to the Defendant, to the head of the Busan Southern-gu Police Station, and sent a fighting match; (b) took a bath to the head of the said situation; and (c) took a bat with the head of the drinking fat, carried a bat with the head of the fat; and (d) fat the head of the fat; and (c) fat the head of the fat.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. In light of the facts acknowledged by the evidence duly adopted and investigated by the court, ① the statement of the victimized police officer is specific and natural, ② it is difficult for the victimized police officer to find out the reason why the police officer would not dismiss the defendant, ③ the damaged photograph corresponds to the statement of the victimized police officer, ④ the Defendant himself/herself as a person who flabbbbbbs the police officer, and ④ the charge of this case is found guilty.

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 a disadvantage given that the crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act is a punishment for fighting on the street and exercises physical power to the police officer called out after receiving a report. The nature of the crime is not good, and the defendant was punished for a similar act.

However, the fact that the defendant is recognized as a substitute for the facts charged, the fact that the physical strength of the defendant's exercise does not reach a very serious degree, and the defendant committed a contingent crime in an excessive state.

참조조문

-형법 제69조 제2항

-형법 제70조

-형법 제136조 제1항

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