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(영문) 부산지방법원 서부지원 2017.09.06 2017고단730
공무집행방해
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 20, 2017, around 02:26, the Defendant was urged to pay a taxi fee and return home from C and Maritime Police Officer D to the police station B of the Busan Gangseo-gu Police Station where he was dispatched to the scene after receiving a report on 112.

At around 02:43 on the same day, the Defendant committed assault, such as knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, etc. of the above D’s knee, knee, knee, knee, etc.

As a result, the defendant has prevented police officers from performing their legitimate duties on the maintenance of order and crime control.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement law to C and D

1. Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the instant crime is not that of the nature of the crime.

On the other hand, however, the punishment shall be determined in consideration of the anti-discrimination, the fact that the drinking seems to have committed an contingent crime, and the fact that there is no record of punishment related to violence.

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