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(영문) 부산지방법원 2016.08.12 2016고단2980
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 May 27, 2016, at around 01:00, the Defendant interfered with the passage of a taxi by blocking the front of the taxi in front of the Busan District Public Security Center located in B, Busan District, without any justifiable reason, and was asked to return home from E in the circumstances belonging to the Busan District Police Station Down-gu, Busan, which heard the light voice of the taxi and called, and threatened the Defendant with drinking once going to go home, continuing to go home into the C Public Security Center, and threaten the Defendant to go home into the C Public Security Center, continuing to go home into the C Public Security Center, and assaulted the police officer belonging to the same district group, putting him f with drinking, breaking his body with his hand, and breaking his fating his fat, and then breaking his fat.

As a result, the Defendant interfered with the legitimate performance of police officers' duties on the maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. Application of Acts and subordinate statutes to CCTV images extraction photographs;

1. Relevant Article 136 of the Criminal Act and Article 136 (1) of the Criminal Act and the selection of fines for criminal facts;

1. The aggravated punishment for concurrent crimes is provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes determined by a crime of interference with the execution of public duties to heavier E);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is not high in quality by taking into account the following: (a) the fact that a police officer, who is performing legitimate official duties for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, takes a bath and commits violence against the police officer; (b) the degree of assault is not limited; (c) there is no record of criminal punishment exceeding a fine as well as the fact that there is no record of criminal punishment exceeding a fine; and (d) the Defendant’s age, sex, environment, background leading to the crime, circumstances after

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