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(영문) 부산지방법원 서부지원 2019.09.04 2019고단871
공무집행방해
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

On March 22, 2019, at around 01:15, the Defendant interfered with the legitimate execution of duties by a public official in regard to the handling of the reported case 112 report by making a 112 report to the head of the police station affiliated with the police station of Busan, which called to the site after receiving a 112 report to the effect that he would drink after the end of business hours, and avoid disturbance without calculating the food value.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and F;

1. Application of the Acts and subordinate statutes governing mobile phone screen CDs;

1. Relevant laws concerning criminal facts, Article 136 (1) of the Criminal Act that choose a penalty, and the choice of a fine;

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

1. Considering the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order, it is necessary to strictly punish the defendant.

However, considering the fact that the defendant recognizes the crime of this case and separates his mistake and does not repeat the crime, that there is no record of the crime exceeding the same kind or fine of the defendant, the defendant's age, character, conduct and environment, motive, means and consequence of the crime, and the conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.

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