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(영문) 부산지방법원 동부지원 2020.04.09 2020고단68
공무집행방해
Text

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

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

Reasons

Punishment of the crime

At around 06:00 on December 30, 2019, the Defendant: (a) received a 112 report from the Nam-gu Busan Metropolitan City Bel; (b) and received a notification from the police officer belonging to the Busan Southern Police Station C District, the police officer of the Busan Southern Police Station C District, called the police officer of the Busan Southern Police Station, asked him/her about the circumstances of the instant case; (c) he/she was sexually drinking, and (d) he/she was sexually drinking on several occasions; and (d) this was when D’s chest was drinking by his/her horses.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers in regard to the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim to D by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

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

1. The crime of this case where the defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, obstructed the police officer's performance of official duties by exercising abusive and violence against police officers in the course of performing official duties is not good.

However, the sentencing conditions in the records, such as the defendant's age, character and conduct, environment, motive or background of the crime, means and method of the crime, contents and result of the crime, etc., shall be determined in full view of the following factors.

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