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(영문) 부산지방법원 2017.11.24 2017고단4510
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

The Defendant, at around 03:05 on July 6, 2017, after receiving a report on violence as “C” at the convenience store located in the Busan East-gu, Busan-dong, the Defendant, from the head of the Dong-dong Police Station D District E (hereinafter “E Racing”) affiliated with the Busan-dong Police Station D (hereinafter “E Racing”), refers to the name of the head of the Dong-dong Police Station E, who was asked questions about his personal information in front of the above convenience store and was in the presence of the head of E, thereby preventing the Defendant from doing this act.

The phrase ", at his hand, her body was tightly pushed and necked once by hand."

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of statement with respect to E Superintendent and F;

1. The application of Acts and subordinate statutes to the investigation report (1) at least once;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) desireing to commit the instant crime at the convenience point prior to the commission of the crime; and (b) assault and child for the instant crime;

After that, it appears that the Defendant had caused disturbance for one hour at the police box, and that the degree of his failure was not less than that of the Defendant, and on the other hand, the Defendant was the first offender, including that of his personal life more than 40 years, taking into account the matters stipulated in Article 51 of the Criminal Act.

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