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(영문) 부산지방법원 서부지원 2020.06.12 2020고단29
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 December 1, 2019, at around 00:25, the Defendant: (a) reported 112 on the street in front of the Busan: (b) stated that “Aprison fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat fat

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article 136 (1) of the Criminal Act concerning criminal facts, the choice of fines, and the choice of fines;

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

1. In order to establish the legal order of the country with reason for sentencing under Article 334(1) of the Criminal Procedure Act and eradicate the light of the public authority, it is necessary to strictly punish a crime that interferes with the performance of official duties.

However, considering the circumstances favorable to the defendant that the criminal act in the judgment seems to have been contingent, because the defendant is the first offender, and at the time, the defendant seems to have been in a considerable state, such as failing to properly recognize the drinking together with the defendant, and engaging in a dispute, etc.

In addition, the age, character, conduct and environment of the defendant, the motive, background, means and result of the crime of this case, the circumstances after the crime, and other conditions of sentencing as shown in the argument of this case shall be determined as the disposition.

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