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(영문) 부산지방법원 2019.01.09 2018고단5004
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 24, 2018, around 04:35, the Defendant assaulted on the front side of the B apartment road in Busan Jin-gu, Busan, by hand, the head of the police officer at the Busan Jin-gu Police Station C police box, who was called out after receiving a report of 112 while driving and body fighting, and was subject to a check from D, and the Defendant was able to attack the head of the police officer at the port of the police officer at five times due to the outbreak.

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

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 4 and 6);

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, the Defendant, who is a primary offender with no criminal history, committed contingent crimes under the influence of alcohol, and committed a new crime against his own mistake in depth, shall be punished by a fine only once, taking into account the overall circumstances that are the conditions for the sentencing of the instant case, such as the fact that the Defendant is a primary offender with no criminal history, and that he/she is willing not to commit the same offense as the instant case, and that he/she

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