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(영문) 부산지방법원 동부지원 2017.12.06 2017고단2229
공무집행방해
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On September 24, 2017, the Defendant: (a) around 02:43, the Defendant: (b) around 209 B of the police station for the captain called up after receiving a report on a disturbance 112; and (c) bitch C of a bitch.

”라고 욕설을 하고, 경사 C에게 다가서 몸을 안아 움직이지 못하게 잡고 귓속말로 “ 시 발 좆같은 놈 아, 죽여 버린다” 등의 욕설을 하면서 왼손을 잡아 비틀고 머리를 잡고 땅으로 끌어당기는 등 위 경찰관을 폭행하였다.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the above police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to photographs of damaged parts, investigation reports, and investigation reports (referring to the production of video CDs recorded on the 112 patrol vehicles);

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is an act of violence to a police officer called out after receiving a report from the person under the influence of alcohol, and the nature of the crime is not good.

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the physical strength exercised by the defendant does not reach a very serious degree.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The group of crimes interfering with the performance of official duties, interference with the performance of official duties, type 1 (Interference with the performance of official duties), etc.: Provided, That the sentencing criteria shall not apply because of the choice

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