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(영문) 부산지방법원 동부지원 2019.10.16 2019고단1246
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On June 2, 2019, at around 06:10, the Defendant: (a) reported on the content that “no person exists in the vehicle”; (b) demanded the Defendant to comply with a drinking test on the ground that the Defendant’s daily drinking by the head of the D police station affiliated with the Busan Southern Police Station C District of the Busan Southern Police Station, which called “I will not take place in the vehicle”; (c) requested the Defendant to comply with the drinking test on the ground that the Defendant’s daily drinking was smelled at the vehicle; (d) “Chos, Chos, fes, fess, and frans, e.g., f., e., f., f., e., f., f., f., e., f., f., f., f., by cutting off the f. for drinking measurement to E; and (d) assaulted twice on the left left

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the first offender who reflects his mistake, the degree of violence against public officials is minor, and other punishment shall be determined as stated in the order, considering the defendant's age, character, conduct, environment, etc.

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