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(영문) 부산지방법원 동부지원 2021.01.20 2020고단2368
공무집행방해
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 25, 2020, the Defendant: (a) at the main point of “C” located in Busan Shipping Daegu, Busan, on July 25, 2020, the Defendant arrested the Defendant’s husband, and (b) at the point of “C,” a slope E (44 years old) belonging to the Maritime Police Station D District Unit of the Maritime Police Station D, the Defendant arrested the Defendant’s husband; (c) the Defendant arrested and grow up those who are in the instant case, and died.

“If “,” assaulted E’s buck, and assaulted F(24)’s left-hand bucks to walk, bucking down two times as a buck.

Then, the Defendant: (a) arrested a flagrant offender on suspicion of interference with the performance of official duties as above; and (b) bucks to G (52 Do) who bucks on the left side of G while taking a bath to G (52 Do); (c) impucks on the left side of G, and (d) impulpucks on the face of G by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers for the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. The application of the police statements G to the defendant's legal statement E, the F's written investigation report, and the application of the Acts and subordinate statutes to the damaged police officers' photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment (Selection of penalty)

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, as well as the following circumstances, including the Defendant’s age, sex, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, shall be determined as set forth in the Disposition.

An unfavorable circumstance: A favorable circumstance that a crime of obstructing the performance of official duties is a crime that interferes with the legitimate exercise of public authority and thus causes severe punishment: The attitude to recognize and reflect the crime in this case is shown, and the police officer does not want punishment.

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