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(영문) 부산지방법원 2018.03.28 2018고단212
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On November 20, 2017, the Defendant: (a) around 22:26, 2017, at the “Creing room” 5, located on the first floor of the underground building B in Busan Dongdong-gu, Busan; (b) reported that he was frighting; and (c) the head E (30) belonging to the Busan Dong-dong Police Station D District Branch E (30) of the Busan Dong-dong Police Station D branch, which called the Defendant, sent back to her home, and (d) to E, “I and fright. Sponson such as D.p.

“In doing so, the upper part of his chest was pushed down several times with the right shoulder, and the lower part was tightly pushed up three times with his left part and the lower part of his breast.

In addition, the Defendant sent a bath to E who recommended him to return home while going back to the front side of the above building, and was pushed down two times with the left shoulder.

Accordingly, the defendant assaulted police officers who perform 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 E;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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; and

In this case, the defendant assaults a police officer dispatched after receiving a report on his/her plaque at a singing room during a deep night to interfere with his/her execution of 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.

Due to the defendant's crime, police officials E seems to have suffered considerable mental shock and pain in addition to physical damage.

Nevertheless, the defendant is not taking measures to compensate for damage to E.

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

However, a child suffering from a disease by the defendant ( December 6, 2017).

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