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(영문) 부산지방법원 2018.11.12 2018고단2738
공무집행방해
Text

Defendant shall be punished by a fine of KRW 1,500,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On 21, 2018, around 23:35, the Defendant was arrested by the police officer E and the security guards F of the Busan Franchi Police Station D District, who was called out after receiving the report of C 112 as a assaulting C at the house of C with a relationship with the Defendant located in the first floor of the Franchi-gu B, Busan.

The defendant, who is the police officer called the defendant, arrested the defendant as the current offender of the crime of injury, and called the defendant out of the present officer, "C's clothes have not been left."

“...” The above E does not “non-necessary speech and give priority to them.....”

"As you speak, C's clothes contained in the test plastic plastic paper were used to put in E's chests, and the above E's scenic part was sealed as a bad hand.

Accordingly, the Defendant assaulted police officers in uniform, thereby obstructing the police officers from performing their legitimate duties concerning the dispatch of police officers to report 112 and the prevention of crimes.

Summary of Evidence

1. Application of the witness E’s legal statement statutes;

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

2. Selection of an alternative fine (the extenuating circumstances after committing a crime are inferior, but the degree of violence or obstruction in the performance of official duties is not serious);

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

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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