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(영문) 부산지방법원 서부지원 2020.04.02 2019고단1843
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

1. On July 20, 2019, at around 05:30, the Defendant reported that “C” in front of “C” located in the Busan Shodong-gu, Busan, under the influence of alcohol, “C, I will not see. I will do so. I will do so. I will not do so. I will do so.” On the other hand, on the ground that E, a policeman affiliated with the Busanananananananananananananananananananananananananan area D District of the Busanananananananan Police Station, who received the above report, would be unbured to ask for personal information and details of the report.” On the other hand, the Defendant expressed the desire of “I will

2. At around 05:45 on the same day, the Defendant was arrested as a flagrant offender on the ground that he obstructed E’s performance of official duties, as described in paragraph (1), at the D District Zone F in Busan, and the Defendant demanded the removal of the lock, and the knife G, who belongs to the D District Zone G, laid down the right shoulder at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression and investigation of crimes due to assault.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to E, H and I;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the instant crime is that the Defendant assaulted two police officers in the course of performing official duties without any reason.

The defendant acknowledges and reflects his criminal act.

The defendant is an initial offender who has no criminal record.

In addition, the defendant's age, character and conduct, environment, family relationship, motive and circumstances of each of the crimes of this case, circumstances after the crime, etc. shall be comprehensively considered and the punishment shall be determined as ordered by the order.

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