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(영문) 부산지방법원 서부지원 2019.05.31 2019고단235
공무집행방해
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

On November 30, 2018, at around 22:50, the Defendant: (a) was assaulted by C and Si guard in front of the Busan Western District B, and (b) went to the site by the police officers belonging to the Busan Summer Police Station E zone, who received a 112 report; and (b) the police officers who arrived at the site moved C and D to E zone by burning C and D to the patrol vehicle.

At around 23:30 on the same day, the Defendant took a bath on the ground that he was found to be the Busan Staff Police Station E district located in the Busan Staff Police Station E district in Busan, and did not take the person involved in the instant case into the patrol vehicle, and assaulted him, such as cutting down the clothes of G for the patrol officer belonging to the said patrol team.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes and the maintenance of order.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A report on investigation;

1. Application of Acts and subordinate statutes concerning the extraction of CCTV images in the E district;

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. The crime that interferes with the execution of official duties by a police officer on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act requires strict punishment even in order to establish the legal order of the State and eradicate the light of the public authority.

However, considering the circumstances favorable to the defendant that the defendant was a primary offender, that the defendant was under the influence of alcohol and was considered to have committed any contingent criminal act in the state of being assaulted by a third party.

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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