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(영문) 부산지방법원 동부지원 2016.12.19 2016고단1871
공무집행방해
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 October 8, 2016, at around 02:10, the Defendant: (a) received a 112 report that the Defendant was under the influence of alcohol on the road located in the Southern-gu Busan Metropolitan City “C” located in the Southern-gu B; (b) was subject to the check from the head E belonging to the Busan Southern Police Station D Zone D District of the Busan Southern Police Station, which called the above E; (c) took a bath to the said E, and used the hand floor to take the her body on one occasion; and (d) assaulted the Defendant on one hand on one hand.

As a result, the Defendant interfered with the legitimate execution of duties concerning E- 112 reporting handling duties as a police official.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the police protocol of statement to E, F and G;

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. Although the punishment of the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is heavy, the punishment as ordered shall be determined by taking into consideration all the normal materials revealed in the trial process, such as the confession of the defendant, the fact that the defendant is against the defendant, there is no past criminal record, the circumstances leading to the crime of this case, the degree of damage by the victim, the age, occupation

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