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(영문) 부산지방법원 동부지원 2014.10.01 2014고단1485
공무집행방해등
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

1. Around 01:50 on August 5, 2014, the Defendant insultd the victim openly insulting the victim on the ground that: (a) the victim security guards belonging to the Busan Coast Guard G District in the Busan Coast Guard G District called “I, if she was locked on the road, so she could have come home”; and (b) the Ha et al. al. were kept, while she was frighted, the victim was able to take a seat before the F cafeteria located in Busan Traffic Daegu, Busan Traffic Daegu; and (c) the victim was able to take care of “I, if she was locked on the road, she would have come home.”

2. On August 5, 2014, the Defendant: (a) arrested a flagrant offender on the same grounds as in the preceding paragraph; (b) boarded the patrol vehicle at the G District of the Maritime Police Station G District in Busan, the Busan, Daegu, and went from the patrol vehicle; and (c) took the patrol vehicle at the patrol vehicle; (d) stated that the Defendant: (a) stated that the Defendant: (a) stated that the Defendant: (a) she was able to take a bath to the police officer who was arrested due to the offense of insult, etc.; and (b) assaulted the Defendant at the right right kne of H on one occasion.

Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning the handling of a flagrant offender.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to H

1. Relevant Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of fines for the crime;

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

1. Considering the fact that the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is not good for the instant crime, strict punishment against the Defendant is required.

However, the order is based on the fact that the defendant has already divided his mistake in depth, that the defendant has no previous conviction in addition to a fine once, and that there is no other criminal conviction, taking into account the defendant's age, character and conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

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