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(영문) 부산지방법원 동부지원 2018.12.13 2018고단1935
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 23:50 on September 15, 2018, the Defendant entered the above post office ATS Park Young-gu, Busan in order to find money in front of the post office located in Suwon-dong, Busan, but the entrance was corrected due to the lapse of business hours, and the entrance was confined, and the situation leading up to the Busan Dong-gu Police Station C police box sent out after receiving a report from 112 by a woman who was “a man is going to go to,” the Defendant was an employee of the guard company, and the said report was sent out of ATM Park Young-gu, and the Defendant was confirmed to have been caused by the misunderstanding of the woman, and the Defendant was urged to return home to the Defendant. However, under the influence of alcohol, the Defendant was able to take a bath to the police officer and take a patrol once, and was in front of the patrol.

D’s flabage was debrised by hand.

As such, the Defendant assaulted D, a police officer, and obstructed D’s legitimate execution of duties related to D’s 112 reported duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (with respect to field conditions and the use of police gear), investigation (to investigate TV in closed circuits at the entrance of a flood market for a method of opening the flood market);

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 crime of this case on the grounds of sentencing for the detention in a workhouse (where a sentence of suspension of execution is invalidated or revoked, the time when the amount of fine is not paid) under Article 70(1) and Article 69(2)(1) of the Criminal Act is due to the use of violence against a police officer dispatched after receiving a report 112, and the nature of such crime is not good.

However, the fact that the defendant recognizes the facts charged and reflects the facts charged, the fact that the type of the defendant's exercise is not very serious, the fact that the police officer is called out with the wind that another woman misleads the defendant and reports the defendant, there is no history of criminal punishment, the defendant needs to support his/her old age and disability, and the health of the defendant.

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