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(영문) 부산지방법원 2018.11.08 2018고단3876
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties on August 28, 2018: (a) at the street in front of the Dmatet located in Busan Metropolitan Government, which was reported on August 28, 2018, and sent to the site by 112, while he was wraped with his friendship with his friendship, F of the circumstances belonging to the Busan National Police Station E District Unit of the Busan National Police Station, who was dispatched to the site, refers to “Isson’s relationship with his inner ties.

"........ on his hand, assaulted the chest part of the F..........

As a result, the Defendant interfered with the legitimate execution of duties of police officials in relation to 112 reporting affairs.

2. On August 28, 2018, the Defendant violated the Punishment of Minor Offenses Act: (a) around 00:43, 2018, in E District G in Busan, the Defendant died of the police officers, such as F, etc. of F, who are affiliated with F, etc., to verify the arrest of flagrant offenders and the identity of the Defendant due to paragraph (1).

“Around 30 minutes of disturbance,” while under the influence of alcohol, the government and government offices had a very rough and disorderly speech or conduct.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to the main sentence;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbing the revocation of liquor in the official document, and the choice of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 70 (1) and Article 69 (2) of the Criminal Act (when suspension of the execution of a fine is invalidated or revoked) of the Criminal Act shall be applied to the detention in a workhouse;

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision 201Da1248, Apr. 1,

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Where the degree of violence, intimidation, deceptive scheme, or interference with public duties is minor in the mitigation area (one month to eight months) of Class 1 (Interference with the performance of public duties and coercion of duties) (in the event of a person subject to special mitigation), which is minor in the application of the sentencing criteria (the scope of a recommended punishment).

2. The defendant who is sentenced to sentence shall be under the influence of alcohol;

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