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(영문) 부산지방법원 2017.01.20 2016고단7248
공무집행방해등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On September 15, 2016, around 03:10 on September 15, 2016, the Defendant interfered with the police officer’s 112 report handling of the case and lawful execution of duties concerning the arrest of a flagrant offender, such as: (a) the police officer, who was dispatched to the scene after receiving 112 report, in front of the Dong branch of the Busan Bank; (b) the police officer of the Busan East Police Station, who was called to the scene after receiving 112 report, would prevent the Defendant from threatening and threatening the Defendant to F who was assaulted by the Defendant; and (c) E was divided into the Defendant’s body by hand; and (d) the E’s face part of the E’s face to arrest a flagrant offender as an interference with the performance of official duties five times more times more and more times more and more times more than five times more and more, and thereby interfered with the police officer’s physical performance.

2. The Defendant B, at around 03:10 on September 15, 2016, arrested the police officers called up as flagrant offenders who interfere with the Defendant’s friendship A and the performance of official duties, and arrested the police officers called up to the scene as flagrant offenders who interfere with the Defendant’s friendship A and the performance of official duties, and interfered with the police officers’ handling of the reported case and the lawful performance of duties concerning the arrest of flagrant offenders, by putting them out to G by hand in the uniform of the circumstances where the police box was sent to the scene.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to G, H, F, and E;

1. Application of the photographic Acts and subordinate statutes;

1. The Defendants: Article 136(1) of the Criminal Act provides that the Defendants shall be subject to the pertinent legal provisions and sentence for criminal facts;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Although it is not good to commit a crime by exercising violence against police officers with legitimate reasons for sentencing under Article 334(1) of the Criminal Procedure Act; however, the Defendants are aware of the mistake of the Defendants; the Defendants do not want to have an agreement with the victimized police officers; the Defendants committed the instant crime under the influence of alcohol; there was no criminal history exceeding fines; Defendant B did not have to have any criminal history beyond the right to remaining victims; Defendant B was the first offender; Defendant B was the first offender; Defendant B’s age, sexual behavior, environment; and others.

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