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(영문) 부산지방법원 2018.05.02 2018고정56
경범죄처벌법위반
Text

1. The defendant shall be punished by a fine not exceeding 600,000 won;

2. If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 24, 2017, around 05:40 on September 24, 2017, the Defendant: (a) within the Busan Coastal Police Station C District District; (b) the police officer, who was on the street, went to the house by shouldering himself; and (c) under the influence of alcohol, the Defendant arrested the potential police officer B, who was forced to go to the house.

Then, according to the purport of “I am home, I would like to explain how I am home,” and “I am son was punished three times due to interference with the execution of official duties.”

As stated in law, it was difficult to bring about a disturbance of about 15 minutes.

The defendant 06:15 on the same day and found a taxi again as the above district, and illegally arrested the taxi as the district without any reason.

‘Along with the background E’, it was difficult to bring about a disturbance for about 40 minutes.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes of D;

1. Relevant provisions of the Act on the Punishment of Minor Offenses and Article 3 (3) 1 of the Punishment of Minor Offenses Act (comprehensively, selection of fines) concerning the crime;

2. The reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act with the detention of a workhouse are as follows: (a) the Defendant, while drinking on a new wall, has avoided disturbance due to a 55-minute horse and behavior from a police station boundary in the form of drinking on the new wall; and (b) the nature of the crime and the circumstances are not good.

These crimes are not likely to be subject to criticism because they undermine the police's duties in charge of public security affairs in society.

Furthermore, the Defendant was punished for a crime that interferes with the performance of official duties on two occasions (one time of suspension of execution, one time of fine), and the Defendant again committed the instant crime within the grace period after being sentenced to a suspended sentence of two years for a crime of assault or bodily injury on November 10, 2016.

However, the defendant seems to have committed the crime of this case in a dynamic state under the influence of drinking.

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