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(영문) 부산지방법원 2018.10.22 2018고단3345
공무집행방해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 30, 2018, the Defendant violated the Resident Registration Act, at the convenience store located in Busan-gu, Busan-gu, Busan-do around 09:20, the Defendant informed the above D’s resident registration number (G) known in advance to the police officers F, etc. of the Busan-gu Police Station E-gu, Busan-gu, where he received a report on 112 of the damage of his will to the above convenience store.

Accordingly, the defendant used another person's resident registration number unlawfully.

2. The Defendant who interfered with the performance of official duties was informed of the police officer’s personal information at the above date, time, and place, and was arrested as a current offender in violation of the Resident Registration Act and sent the police officer F, etc. to the above police officer F, etc. to leave the patrol vehicle.

Chewing, I tried to open the door of the patrol car, and tried to keep the F, etc., which continue to restrain it, by hand, and put it into the elbow.

As a result, the Defendant interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of the law of the police statement protocol to F;

1. Article 37 subparag. 10 of the Act on the Registration of Residents (Unlawful Use of Resident Registration Numbers) and Article 136 subparag. 1 of the Criminal Act concerning facts constituting an offense (a point of obstructing the performance of official duties);

2. Selection of a fine for selective punishment (the person who committed the instant crime during the period of suspension of execution shall be punished by a fine in consideration of the circumstances unfavorable to him/her, the degree of interference with the performance of official duties is not excessive, the police officer in charge desires to take the wife into consideration, and such unfavorable circumstances shall reflect the amount of the fine in determining the amount of the fine);

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

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

5. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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