(영문) 부산지방법원 2019.01.09 2018고단4928

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(영문) 부산지방법원 2019.01.09 2018고단4928

공무집행방해

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

around 10:05 on September 25, 2018, the Defendant reported to the police by the father of the Defendant on the ground that the Defendant was fighting with his birth C in front of the guard room of the Busan East-gu B Manyll.

12 Finding and eliminating the Defendant who was sent to the scene after receiving a report, by E(36 years of age) from the Busan East Police Station D police box affiliated with the Busan East Police Station D (36 years of age), the Defendant assaulted E’s face part of the blue blue by taking the bath that “The flue of the blue is why he would have been distorted” in the direction of E.

As a result, the defendant assaulted police officers to interfere with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Photographs;

1. Investigation report (the Nos. 2, 5 through 7 of the evidence list);

1. Application of CD-related Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not likely to obstruct the execution of official duties by the defendant by assaulting a police officer without justifiable grounds.

However, the Defendant shall be sentenced to a fine only once by taking into account the overall circumstances that constitute the conditions for the sentencing of the instant case, such as the fact that there is no other criminal records, in addition to being punished as a fine once due to a crime unrelated to violence, and that the Defendant appears to have committed any contingent crime under the influence of alcohol, and that he/she would not commit any such crime again in accordance with his/her depth, and that he/she would not commit the same crime as the instant case.

참조조문

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