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(영문) 부산지방법원 2018.04.18 2018고단393
공무집행방해등
Text

1. The defendant shall be punished by a fine of KRW 10 million;

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

Reasons

Punishment of the crime

1. Around January 20, 2018, the Defendant, at around 04:30, performed alcohol at the first room of “F” in the operation of the victim E (46 tax) located in Busan Dong-gu, Busan (hereinafter “F”), and listened to the horses to pay the alcohol value from the injured party, hing the victim’s bath, and hinging the beer’s head one time on the ground of the beer’s disease, which is a dangerous object on the table.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Around 04:55 on the same day, at the entrance of the above heading room, the Defendant was asked to present an identification card from a slope H (37 Doe) and a policeman belonging to the Dong Police Station G Gae Police Station, which was called upon upon receipt of a report, the Defendant refused to do so, and obstructed H’s chest, which recommended that he would pay the alcohol value, in good faith.

In addition, the defendant was seated on a sofa, and the defendant was recommended by H to pay the drinking value along with the request for the presentation of a re-identification.

H made one time on the left side of the H in his hand.

As a result, the Defendant assaulted police officers who perform duties related to the processing of reports and criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

2. Statement made by the prosecution against H (including the statement made by the E);

3. Application of statutes on police statements made to E and H;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) The point of special assault: Articles 261 and 260(1) of the Criminal Act (the choice of a punishment);

(b) The point of obstructing the performance of official duties: Article 136(1) of the Criminal Act (the choice of penalty).

2. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, which shall be aggravated for concurrent crimes (an aggravated punishment for concurrent crimes with the punishment provided for in a crime of interfering with the execution of heavier public duties);

3. 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 15 million won; and

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

This case, the defendant.

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