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(영문) 부산지방법원 동부지원 2017.11.23 2017고단1933
공무집행방해등
Text

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

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

Reasons

Punishment of the crime

On September 3, 2017, at around 08:35, the Defendant: (a) recommended the Defendant, who was locked at the D restaurant operated by the victim C (V, 60 years of age), located in Busan Southern-gu, to have the customers out of the said restaurant by avoiding a disturbance of about 20 minutes, such as taking a bath for the said police officer, and taking a bath for the said police officer, at around 112, F in the position of the Busan Southern Police Station E District, which was called out after receiving 112 a report, and G, who was called out of the restaurant.

As such, the Defendant assaulted a police official G, thereby obstructing the legitimate performance of duties related to G 112 reporting, and by force obstructing the victim C’s restaurant business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to G and C;

1. Application of Acts and subordinate statutes to investigation reports (in the event of on-site ctv video attachment);

1. Article 136 of the Criminal Act applicable to the crime, Articles 136(1) and 314(1) of the Criminal Act, and the choice of fines for the crime;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act does not correspond to the crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act. However, the defendant confessions and seriously reflects the defendant, the defendant is the first offender who has no criminal record, the defendant agreed with the victim of the obstruction of business, and the victim of the obstruction of business, until the police officer in charge of the obstruction of performance of official duties deposits the amount of damage for the sake of the obstruction of performance of duties, and all other factors of sentencing indicated in the instant case

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