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(영문) 부산지방법원 2018.02.22 2017고단5718
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On October 15, 2017, around 22:25, the Defendant obstructed the police officer’s legitimate execution of duties by assaulting the Defendant, who was under the influence of the police officer D, on the front of the friendly apartment road located in the center of the Geum-gu, Busan, and reported by 52, the head of the Si/Gun/Gu, Busan, which was called after receiving a report from 112 on the 112, and was sent to the police officer of the Si/Gun/Gu, Busan, who was in his/her possession of the Defendant at his/her patrol vehicle and brought him/her on the front of the friendly apartment, while taking the Defendant into his/her hand, he/she did not saw him/herself, and she did not her bath him/herself, and her her her

2. On October 15, 2017, the Defendant in violation of the Punishment of Minor Offenses Act: (a) was arrested and taken custody of the Defendant for an offense, such as the act described in paragraph (1), at the Busan Fransh Police Station C District located in Geum-gu, Busan; (b) and (c) was under the influence of alcohol, and later died later.

Chewing typule death.

In this respect, he did an act of disturbance, such as voice, which was done by the public office, with the words and actions.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (two times);

1. Statement made by the prosecutor with respect to the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of the investigation report (including evidence attached to 1, 8, and 10 times a year);

1. Article 136 (1) (Selection of Penalty) of the Criminal Act and Article 3 (3) and 1 (Selection of Penalty) of the Punishment of Minor Offenses Act concerning the facts constituting an offense;

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

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which have no same or special power as the Defendant, and the degree of interference with the performance of official duties, and the attitude of recognizing and reflecting the facts of the instant crime, are shown. In addition, taking into account various circumstances, such as the background, means and method of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the conditions for sentencing under Article 51 of the Criminal Act, as indicated in the instant records and arguments, are comprehensively taken into account.

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