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(영문) 부산지방법원 2018.03.28 2018고단104
공무집행방해
Text

1. The defendant shall be punished by a fine of four million won;

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

Reasons

Punishment of the crime

On December 18, 2017, at around 03:57, the Defendant: (a) requested that “D main points” located in Busan F (51) of the Busan Coast Guard E District Department E District of the Busan Coast Guard, which received his report and called “F (51) will end its business; (b) will take a bath to F; and (c) the F will not take a bath.”

The defect, Ise-ro, his part was entered once.

Accordingly, the defendant assaulted public officials performing duties such as reporting processing and crime prevention.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes on police statements made to F and G;

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

2. Grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are to be confined in a workhouse.

1. Scope of applicable sentences under law: Fines of 50,000 to 10 million won; and

2. The sentencing criteria are not set with respect to the decision of fine for sentencing.

In this case, the defendant assaults a police officer who was dispatched after receiving a report from the main point of view to the drinking price problem on the new wall and obstructs his execution of his duties, and the nature of the crime and the circumstances are not good.

These crimes are likely to be criticized because they obstruct the police's duties in charge of public security affairs in society.

In addition, in addition to physical damage, the police officer in charge seems to have suffered from considerable mental shock and pain.

Nevertheless, the defendant does not take measures to compensate for damage to F.

In light of these points, the responsibility of the defendant can not be somewhat applied to the defendant.

However, the defendant seems to have committed the crime of this case contingently in the state of drinking, the degree of physical damage that the F suffered seems not to be severe, the fact that the defendant recognized the crime of this case, and the fact that there is no other record of crime except for the punishment of fine three times due to violent crimes.

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