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(영문) 부산지방법원 2017.06.15 2017고단306
공무집행방해
Text

A fine of three million won shall be imposed on a defendant.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 28, 2016, around 23:20, at the front of the subway station of Busan, the Defendant: (a) committed an assault against D, a police officer affiliated with the Busan, a police station Cdistrict of Busan, who was in the process of carrying the Defendant into the patrol station at the time of the crime of assault; (b) committed an assault against D’s flaps and the flapsing flaps of his head D’s right blaps; and (c) committed an assault against D, who was in the process of carrying the Defendant into the police station as an offender of the crime of assault.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of statutes on police statements protocol;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. In full view of the various circumstances, including the motive and background of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the conditions for sentencing prescribed in Article 51 of the Criminal Act, which are shown in the records and arguments of this case, the punishment as ordered shall be determined by comprehensively taking account of the following factors: (a) there is no special criminal history other than the history of a fine imposed on the Defendant for a long period of time; (b) the Defendant appears to have committed the instant crime; (c) the degree of interference with the performance of official duties is not serious; and (d) the Defendant appears to have committed the instant crime; and (d) the Defendant appears to have committed the instant crime.

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