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(영문) 부산지방법원 서부지원 2019.09.18 2019고단233
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 29, 2018, at around 02:50 on December 29, 2018, the Defendant refused to comply with a request for identification by C police officers belonging to the Jinhae Police Station, who was dispatched after receiving 112 a report that he suffered assault and damage on the nearby roads B adjacent to the Jinhae-si, and interfered with legitimate execution of duties by police officers in relation to the prevention, suppression and investigation of police officers' crimes due to an assault that leads to the escape of C's face who gets away from her own aftermath while walking.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each police protocol of statement to D and C

1. Relevant Articles 136(1) and 136(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

1. Considering the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order, it is necessary to strictly punish the defendant.

However, the sentencing conditions specified in the arguments of this case, such as the defendant's age, character, conduct and environment, motive, means and consequence of the crime, etc., shall be determined as ordered by considering the fact that the defendant recognizes the crime of this case as well as his mistake, and does not repeat the crime, that there is no criminal history against the defendant, and that there is no other criminal history against the defendant.

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