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(영문) 부산지방법원 2018.11.14 2018고단3513
공무집행방해등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 100,000 won.

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

Reasons

Punishment of the crime

1. The Defendant, who violated the Punishment of Minor Offenses Act, was placed on July 20, 2018 from around 00:47 to around 01:15 on the same day in Busan Jin-gu C302, Busan, thereby licking neighbors.

2. On July 20, 2018, the Defendant interfered with the performance of official duties: 01:20 on July 20, 2018; and 112 reported by neighboring residents; E, a police officer affiliated with D District of the Busan Police Station D, the Busan Police Station, opened the front door of the said residence, and “the son of the width gue, several slaughters.”

’라고 말하며 주먹으로 E의 왼쪽 팔뚝 부위를 때리고, E이 자신을 잡으며 제지하려고 하자 이를 뿌리치며 양 손으로 가슴 부위를 수 회 때리고, 계속하여 다른 경찰관이 음악을 끄자 주방에서 냄비 등을 집으려고 하고, 이를 제지하려는 E을 밀치며 꼬집고, 같은 날 01:45 경 E 등으로부터 공무집행 방해의 현행 범인으로 체포되어 호송되던 중 C 입구에서 발로 E의 왼쪽 발목 부위를 걷어찼다.

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

Summary of Evidence

1. Legal statement of witness E;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to the 112 Report List);

1. Relevant provisions of the Act on the Punishment of Minor Offenses, Article 3 (1) 21 of the Punishment of Minor Offenses Act (in the vicinity of a disturbance, selection of fines), and Article 136 (1) of the Criminal Act (in the event of interference with the performance of official duties, selection of imprisonment, etc.);

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

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the following circumstances, etc. considered as the grounds for sentencing);

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [the scope of recommendations] are [the scope of recommendations] interference with the execution of official duties, and there is no sentencing guidelines set for the violation of the Punishment of Minor Offenses Act in the basic area (from June to April) (the violation of the Punishment of Minor Offenses Act from June to April).

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