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(영문) 부산지방법원 서부지원 2018.04.10 2017고단1847
공무집행방해등
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

1. On October 23, 2017, the Defendant interfered with the performance of official duties, at the D convenience store located in Busan Seo-gu, Busan, and reported to customers by the Defendant 112, to whom the Defendant was called up and sent to the customer, and, at the D convenience store located in Busan Seo-gu, Busan, the Defendant was demanded to return home on several occasions from the slopeF belonging to the E District, and the Defendant was called up to F to “the age.”

C. C. C. C. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F.

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

2. The Defendant’s insult at the time and place indicated in paragraph 1, as seen above, is required to return home from the victim FF who was called out after receiving 112 report, and the victim’s “the victim’s age” while the G and the customers, who are employees of the convenience stores, are kept.

C. C. C. C. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. c. f. c

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each investigation report;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act, and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the Defendant and the defense counsel suffered uneasiness at the time of committing the instant crime, as well as the physical and mental weakness under the influence of alcohol.

However, in light of various circumstances, such as the background and means of each of the instant crimes, and the Defendant’s behavior before and after the crime, acknowledged by the evidence mentioned above.

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