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(영문) 부산지방법원 서부지원 2020.06.18 2019고단2812
공무집행방해
Text

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

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

Reasons

Punishment of the crime

On December 1, 2019, around 17:40 on December 1, 2019, the Defendant reported to the effect that “the head of the Si/Gun/Gu shall make a great fighting match.” On the part of the Defendant’s dwelling entrance, the Defendant sent D, a police officer belonging to the Si/Gun/Gu of Busan, to the scene and tried to verify the circumstances in which the report was made, such as whether it was a domestic violence.” The Defendant expressed that D was able to “I will use the path, who was 10 stories, who was 10 stories, and who was 9 stories, and who was 9 stories and nine stories.” On his hand, the Defendant used D’s clothes and booms of work clothes and baits, and assaulted D twice by drinking.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. Taking into account the content and quality of the instant crime, the Defendant’s liability cannot be deemed to be less than that of the instant crime, given that the Defendant’s assaulted a police officer dispatched by the Defendant on the reason of sentencing under Article 334(1) of the Criminal Procedure Act, thereby obstructing the performance of official duties.

However, in light of the fact that the defendant seems to reflect his mistake and that the defendant has no specific criminal power except for the punishment as a fine for a crime of violation of the Road Traffic Act around 2017, and the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and method of the crime, contents and result of the crime, etc., the punishment as ordered shall be determined by taking into account all the following factors:

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