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(영문) 부산지방법원 2018.03.08 2017고단6050
공무집행방해
Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 19, 2017, the Defendant, at around 04:02, at around 04:02, at the “Csing shop” located in Young-gu, Busan, the Defendant, on the ground that: (a) the reason why the Defendant, a guest, was reported and sent to the Busan Young-do Police Station D District Unit E (49 years old) under the circumstances in which the Defendant did not pay the liquor value to the Defendant; (b) the Defendant, on the ground that he asked the Inspector E, to “YY Y, I am, I am, I am,” and (c) the two sides of the face of the above E on one hand.

Accordingly, the defendant assaulted E who is a police official, and interfered with legitimate execution of duties concerning the handling of 112 reported cases.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Application of Acts and subordinate statutes on police statements made to F and E;

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

1. Selection of an alternative fine for punishment;

1. Articles 70(1) and 69(2) of the Criminal Act, which are not heavier than the degree of interference with the execution of official duties for the reason of sentencing, are not severe, and the defendant has no means to impose a fine on him, and the defendant has the attitude to recognize and reflect the facts of the crime in this case. In addition, taking into account various circumstances, such as the background, means and method of the crime in this case, the circumstances after the crime was committed, the defendant's age, sexual conduct, environment, etc., and the conditions for sentencing under Article 51 of the Criminal Act, which are shown in the records and arguments, the punishment as ordered shall be

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