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(영문) 부산지방법원 동부지원 2015.06.18 2015고단334
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. At around 18:40 on February 4, 2015, the Defendant assaulted G by means of “Esing” the operation of D on the first floor of the building located under the Busan Southern-gu C building, Busan-gu, on the ground that G in the F District of the Busan Southern Police Station, which was called upon upon the above D’s report, prevented the Defendant from assaulting against D on the part of the Defendant’s arms.

Accordingly, the defendant interfered with police officers' legitimate execution of duties in relation to the prevention, suppression, and investigation of crimes.

2. On February 4, 2015, the Defendant was arrested as a flagrant offender under suspicion of assault and obstruction of performance of official duties, and on February 18:52, 2015, at the F District of the Busan Southern Police Station located in Busan Nam-gu, Busan, the Defendant expressed a bath that I was asked the Defendant about the circumstances of the instant case, and assault I’s face in a way that I would like to use it once.

Accordingly, the defendant interfered with police officers' legitimate execution of duties in relation to the prevention, suppression, and investigation of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. Application of the photographic Acts and subordinate statutes;

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

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows; the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to each of the instant crimes; circumstances leading to the Defendant’s occurrence of each of the instant crimes; and the conditions of various sentencing as specified in Article 51 of the Criminal Act, which are indicated in the records of the instant case,

D. Unfavorable circumstances: The nature and circumstances of each of the crimes of this case committed by the defendant to police officers who perform their duties properly.

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