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(영문) 부산지방법원 동부지원 2018.11.07 2018고단1839
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On September 1, 2018, around 03:44, the Defendant, at the Defendant’s house located in Busan Shipping Daegu apartment 201 Dong 104, 201, and 112, reported that the Defendant was accompanied by the items to be frighted, and entered the house to identify the circumstances of the instant case, the Defendant, who was called out after receiving a report from 112 that the Defendant was accompanied by the items to be frighted, interfered with the police officer’s legitimate execution of duties concerning the handling of the reported case by assaulting the Defendant’s 112 police officer’s 112 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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

1. It is judged appropriate to punish as a fine in view of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is inferior, but the confession is not good, and that there is no record of punishment other than two times of fines due to road violations.

In addition, the sentence shall be determined as ordered in consideration of all the sentencing conditions against the defendant.

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