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(영문) 부산지방법원 2016.03.24 2016고단223
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 December 23, 2015, around 23:30, the Defendant: (a) requested the Busan Police Station located in Busan High-ro 111 to rework at the police station around Busan High-gu, Busan High-ro, and (b) the auxiliary police officer belonging to the above police station who was on duty at the police station to rework at the police station before Busan High-gu, Busan High-ro, but refused to do so; and (b) obstructed police officers’ legitimate performance of duties in relation to the prevention, suppression, and investigation of crimes by assaulting the chest and b by hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of photographs of damaged parts);

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The punishment as ordered shall be determined by taking into account the following factors: (a) the fact that the defendant reflects the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the fact that the defendant has no particular criminal record other than three times of minor fines; and (c) the condition of sentencing prescribed in Article 51 of the Criminal Act, by taking into account the following factors:

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