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(영문) 부산지방법원 2016.08.17 2016고단3690
공무집행방해
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

At around 02:10 on April 12, 2016, the Defendant: (a) was unable to leave the card, which was inserted in cash withdrawal from the Namwon Agricultural Cooperative located in Seopo-ro 678, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Jeju Special Self-Governing Province; (b) did not visit and dismiss the cash withdrawal management staff; and (c) upon receiving a report from the cash withdrawal machine, the Defendant was sent to the police officer, who was in the presence of the police officer, on the ground that the Defendant was sent to the police officer, who was in the presence of the police officer, who was the other customer, who was carrying cash, and was in the presence of the police officer, who was in the presence of the Defendant. (d) on the ground that D, who was in the police box of Seopo-gu, Seopo-si, Jeju Special Self-Governing Province, was boomed for a flab, with the chest’

Accordingly, the defendant interfered with legitimate execution of duties concerning the prevention, suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 136 of the choice of punishment;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order was committed by the Defendant by assaulting a police officer as above, thereby obstructing the performance of official duties, and the quality of such crime is not weak.

However, the sentencing conditions in the records, such as the defendant's age, occupation, sex, family relationship and circumstances before and after the crime are determined by comprehensively considering the following facts: the defendant's reflects the nature of violence, the degree of violence seems to be minor, the same kind of crime and the absence of criminal records above the suspension of execution, the social relation is clear, and the social relation is clear, and

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