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(영문) 부산지방법원 동부지원 2019.09.26 2019고단1450
공무집행방해
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On July 11, 2019, at around 02:17, the Defendant: (a) performed alcoholic beverages with E, F, a workplace partner, at the main point of “D Sing shop” operated by C in Busan Shipping Daegu B; (b) when E, E, and F, as a matter of the drinking value, the Defendant was fighting with one another; and (c) C, the owner of the said main place of business, made a 112 report, stating that “C, who is the owner of the said main place of business, f, f, f, f, f, f., f., f., h., to verify the identity of the police officer affiliated with the Busan Coast Station Gal Station, which was dispatched upon receipt of the report, was required to present his identification card to the owner of

The Defendant, without responding to the demand of the police officer H, committed an assault against H, such as “I will confirm it.” and “I will know it above,” and “I will present my identification card,” and “I will see that F will calculate the drinking value, and that H would pay the drinking value to the Defendant. I would like to see that “I will pay the drinking value. I will do so. I will do so. I would like to see that I will do so. I would like to see that I will pay the drinking value,” and that I would like to see that I will see “I will see h's right side by hand.”

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

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement related H;

1. Each investigation process confirmation, each investigation report on the defendant's assertion that the defendant did not have any relation to the defendant's right chest at H's right chest, but according to the evidence duly adopted and examined by this court, the defendant's above assertion is not acceptable.

Application of Statutes

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. Although the Defendant’s fault on the grounds of sentencing in Article 334(1) of the Criminal Procedure Act is not somewhat weak, it is the initial crime.

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