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(영문) 부산지방법원 동부지원 2019.08.22 2019고단1129
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On May 26, 2019, at around 03:35, the Defendant, on the national highway No. 31 near Busan National Highway, and on the ground that D, a police officer of the captain police station, who was called out after having received a 112 report to the effect that a drunk person would enjoy on the road, and that D, a police officer of the captain police station, who was called up, was a police officer of the police station, and E, who was under the influence of alcohol, was assaulted by the method of walkinging the left side bridge of D twice, knee, and knee in a manner of walkinging the knee, and walking the head of E once on the right side.

Accordingly, the Defendant interfered with the normal performance of duties by police officers on 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes, such as photographs at the crime;

1. Article 136 (1) of the Criminal Act concerning the crime concerned;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. Although the errors of the defendant in sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are not less than those of the defendant, the punishment as ordered shall be determined by considering all the conditions of sentencing including the defendant's age, environment, means and results of the crime (the degree of intimidation and assault) and circumstances after the crime.

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